RAMAYANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure. 1973 for quashing the order dated 11.10.2004 passed by the 5th Additional Sessions Judge, Sasaram in Criminal Revision No. 150 of 2003 upholding the order dated 21.6.2003 passed by the learned Chief Judicial Magistrate. Rohtas at Sasaram refusing to release the vehicle (Maruti Van) bearing registration No. UP 12D -5786 seized in Sheosagar P.S. Case No. 186/2002 under Section 302/34 of the Indian Penal Code to the petitioner.

(2.) HEARD both sides.

(3.) IT appears from the impugned order that according to the materials collected during investigation one Manoj Sharma was murdered and at the time of murder she was being carried in the said Van. The impugned order further shows that as the vehicle is a material exhibit in the case and was transferred in the name of the petitioner without the permission of the Court, the learned Chief Judicial Magistrate did not release the vehicle in favour of the petitioner. The impugned order also shows that as the vehicle is a material exhibit, the learned Additional Sessions Judge did not think it proper to release the vehicle and so dismissed the revision application.