LAWS(MPH)-2014-9-174

SHAILDNRA SINGH Vs. THE STATE OF MADHYA PRADESH

Decided On September 19, 2014
Shaildnra Singh Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) HEARD finally with the consent of the learned counsel for the parties.

(2.) THE applicant has invoked the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C. being aggrieved by order dated 25.4.2014 passed by the First Additional Sessions Judge, Shahdol in Criminal Revision No. 36/2014 affirming the order dated 4.4.2014 passed by JMFC, Shahdol in Criminal Case No. 167/2014 whereby the application filed by the applicant under Sections 451/457 of the Cr.P.C. for releasing the vehicle bearing No. MP17 -HH -3162 on supurdginama has been dismissed.

(3.) LEARNED counsel for the applicant has submitted that both the Courts below have committed illegality in dismissing the application filed by the applicant. He has placed reliance on the decisions of this Court in Mohd. Islam and others Vs. State of M.P. and others -, ILR (2013) MP 2265 and Raees Vs. State of M.P. : 2013 (5) MPHT 233 to submit that mere commencement of the confiscation proceedings before the District Magistrate do not oust the jurisdiction of JMFC/trial Court to release the offending vehicle in the interim custody.