NAJIM KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, matter is heard finally.

(2.) THIS application under Section 482 of Cr.P.C. is directed against the order dated 16.12.2013 passed in Criminal Revision No.255 / 2013 by learned Second Additional Sessions Judge, District Chhindwara affirming the order dated 20.11.2013 passed in Criminal Case No.1570 / 2013 by learned Judicial Magistrate, Junnardev, Chhindwara whereby an application filed by the applicant under the provisions of Section 451 / 457 of Cr.P.C. for handing over the possession and custody of truck bearing registration number MH 40 Y / 2892.

(3.) LEARNED counsel appearing for the applicant has contended that learned courts below while passing the impugned orders have failed to exercise its jurisdiction vested with it and committed grave error of law in holding that the aforesaid property will require at the time of trial. It is further submitted that if the seized vehicle be kept for a long time in open space at the police station, it will be damaged by vagaries of weather.