DEEPAK SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioner being aggrieved by order dtd. 30/10/2023 passed by the Court of Judicial Magistrate First Class, Lahar, District Bhind in a criminal case whereby an application under Ss. 451 and 457 of the Code of Criminal Procedure for interim custody of truck bearing registration No.UP-75-BT-6566 seized in Crime No.247 of 2023 registered under Ss. 379 and 414 of the Indian Penal Code, 1908 read with Ss. 52/192, 116/194(1), 122/177 of the Motor Vehicle Act and Ss. 50/177, 51/177 and 77/177 of the Central Motor Vehicle Act, for illegal transportation of minor and minerals.

(2.) At the outset, State counsel has raised an objection that when an alternate remedy of revision is available to the petitioner for challenging the legality and proprietary of impugned order dtd. 30/10/2023 by way of a revision, the petition filed by him under Sec. 482 of Cr.P.C is not maintainable as held by the Hon'ble Apex Court in the matter of Mohit @ Sonu and Another vs. State of UP reported in (2013) 7 SCC 789.

(3.) In para 27 of the said judgment, the Hon'ble Apex Court has held as under: