PANCHAMLAL GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner seeks order of release of Jeep bearing registration No. M.P. 17 -B/1948, on Supurdgi, in exercise of inherent powers, which is seized in Crime No. 97/2001, of Police Station Jaba, Dist. Rewa, in connection with offences punishable under section 307 read with section 34 of the Indian Penal Code from one Nathulal Majhi, the driver.

(2.) THE petitioner moved an application under section 457 of the Criminal Procedure Code, seeking Supurdgi of aforesaid Jeep, which stood disallowed by J.M.F.C., Rewa, on 18th October, 2001, and his Criminal Revision No. 206/2001 is also disallowed and rejected by Sessions Judge, Rewa, on 3rd November, 2001, wherein, the aforesaid order dated 18 -10 -2001 was in challenge, giving rise to this proceeding.

(3.) THE learned Revisional Court rejected the petitioner's application on the grounds that the accused are not heard on this point and the Jeep contains gunshot and pellet marks, which is the important evidence, therefore, till the Jeep is not produced as evidence in trial or the accused do not admit the aforesaid evidence, or admit the photographs of Jeep as evidence, the Supurdgi of Jeep may destroy the aforesaid evidence of the incident.