MOHD NADEEM SIDDLQUI Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Triyedi, J. The present petition under Section 492, Cr. P. C. bas been filed for quashing the order dated 31-4-1989 passed by the Chief Judicial Magis trate, Faizabad.

(2.) IT appears that Jeep No. UTD 1986 was case property of crime No. 218 of 1989 under Sections 379/411, I. P. C. The police recovered the jeep and handed over its custody to Mohammad Mustaqeem on the basis of surety bonds executed by Mohammad Mustaqueem. An application for release of the jeep has been moved before the Chief Judicial Magistrate by Ashwani Kumar Garg to which the applicant filed objection. The Chief Judicial Magistrate by his order dated 13-4-1989 directed that the Station Officer of P. S. Kotwali, Faizabad. shall keep the above jeep in his possession as it was not proper to release the said jeep in favour of Mohammad Nadeem Siddiqui it appears that the Chief Judicial Magistrate has wrongly mentioned the name of Mohammad lludeeai nm instead of Mohammad Mustaqeem) Aggrieved by the said order Mohammad Nadeem Siddiqui filed the present: pennon for qiiuiiiug 01 YUKT said order. Mohammad Nadeem Siddiqui applicant is son of Mohammad Mustaqeem. IT is not disputed that the above mentioned jeep was handed over to Mohammad Mustaqeem, therefore, if anybody is aggrieved by the order of the Chief Judicial Magistrate then it is the said Mohammad Mustaqeem. The applicant is son of Mohammad Mustaqeem and he cannot say that as he is son of Mohammad Mustaqeem, therefore, he can file the petition on behalf of his father. Nothing has been stated in the petition that he is filing this peti tion on behalf of his father. Mohammad Muitaqn did not challenge the impugned order. IT is also not disputed that Mohammad Nadoem Siddiqai moved an application for release of the said jeep and the said application is still pending before the Chief Judicial Magistrate. In view of these facts in my opinion Mohammad Nadeem Siddiqui has no locus standi to file the present peti tion, hence the petition in misconceived. Stay order dated 20-4-89 stand vacated.