Patna High Court
Bablu Mistri @ Rajesh Kumar vs State Of Bihar & Anr on 16 May, 2011
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
Criminal Miscellanious No. 19443 OF 2007
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(In the matter of an application under
Section 482 of the Code of Criminal
Procedure )
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BABLOO MISTRY @ RAJESH KUMAR, SON OF JAGDISH PRASAD GUPTA,
RESIDENT OF MOHALLA ANNAD NAGAR (MOTI JHHIL), POLICE STATION ARA
TOWN, DISTRICT BHOJPUR, ARA .....................................PETITIONERS
VERSUS
1. THE STATE OF BIHAR
2. OM PRAKASH SINGH, I.O. OF KARNALGANJ POLICE STATION,
ALLAHABAD, U.P.
.....................................................................................OPPOSITE PARTIES
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FOR THE PETITIONER :- MR. N. K. AGRAWAL, SENIOR ADVOCATE
MR. RAJEEV RANJAN, ADVOCATE
FOR THE O.P. NO. 2 :- MR. PRASOON SINHA, G.A. 3
FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P.
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PRESENT
THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN
ORDER
Sheema Ali Khan, J.1. Heard Counsel for the petitioners, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State.
2. The petitioner is aggrieved by the order dated 15.02.2007 passed in Ara Town Police Station Case No. 281 of 2006.
3. A criminal case was instituted as the petitioner and another were found escaping or running 2 away in a maruti car. On search not only in the house of the petitioner but also in the house of one Sanoj Kumar, several documents were seized including the owner books of several cars. In this process, a Bolero jeep was seized from near the house of the petitioner. The petitioner claims that the jeep belongs to him. However, the Investigating Officer of Karnalganj Police Station at Allahabad, Uttar Pradesh, Shri Om Prakash Singh filed an application before the Chief Judicial Magistrate, Ara praying therein that the Bolero jeep which was seized in Ara Town Police Station Case No. 281 of 2006 should be released in his favour, as the jeep happens to be the stolen from one Dineshwar Singh. Dineshwar Singh has instituted Karnalganj Police Station Case No. 293 of 2006. While investigating the aforesaid case, the jeep was traced in Ara and as such the application has been filed. Subsequently, it would also be apparent that the Additional Sessions Judge, Allahabad vide Annexure-A to the counter affidavit has released the jeep in favour of Dineshwar Singh.
4. The grievance of the petitioner is that since the seizure was made from near the petitioner's house, he ought to have been given an opportunity to be heard before the Court passed any order. In order to substantiate his ownership, the petitioner has produced 3 the original copy of the Form-28 and the certificate of registration issued from Jharkhand. It is submitted that the petitioner had purchased the jeep from one Vijay Kumar and in order to substantiate this submission, the petitioner has annexed Annexure-2 which is an affidavit showing that the jeep had been sold by Vijay Kumar, son of Suresh Kumar to one Rajesh Kumar @ Babloo Mistry.
5. A counter affidavit has been filed on behalf of Opposite Party No. 2, the Investigating Officer of Karnalganj Police Station, in which he has explained at paragraph 5 and 7 the circumstances in which he had filed the application for release of the Bolero jeep. It has been stated that while there was a search of the house of Babloo Mistry and his accomplices, several documents with respect to several vehicles were recovered from their houses. It is said that the punched number plates and different owner books, relating to different vehicles were recovered, especially it has been stated with respect to the Bolero Jeep bearing Registration No. UP-63F/4877 that a document was recovered showing that it belong to Dineshwar Singh, son of Late Ram Kishore Singh. These documents were recovered from the house of Sanoj Kumar who has already been arrested in the case. In these circumstances, the Court has released the jeep to the Officer-in-charge of the Karnalganj Police Station. 4
6. The Chief Judicial Magistrate, Ara had also ordered that if the Court at Allahabad released the jeep in favour of the original owner, it was required that some intimation should be sent to the Court by the Officer-in-charge of Karnalganj Police Station.
7. This case is only being remanded on the short point that the petitioner ought to be heard in this matter.
8. The documents etc. produced by the petitioner in support of his case should be verified by the Court. The Court may also send intimation to the Company, which would be able to give the specific details regarding the Bolero Jeep in question.
9. This application is thus remanded back to the Chief Judicial Magistrate, Bhojpur at Ara with a direction that notices may be issued to the Investigating Officer of Karnalganj Police Station in Karnalganj Police Station Case No. 293 of 2006 as well as the informant of Karnalganj Police Station Case No. 293 of 2006, namely, Dineshwar Singh and after hearing all the parties, an appropriate order may be passed.
10. This application is disposed of with the aforesaid observations and directions.
11. The original documents filed in this Court should be returned to Mr. Rajeev Ranjan, Counsel 5 appearing on behalf of the petitioner.
12. The records of the case should be returned to the Chief Judicial Magistrate, Ara as expeditious as possible.
( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 16TH MAY, 2011 N.A.F.R./ANAND