Allahabad High Court
Vimlesh Kumar Singh vs State Of U.P. And Another on 12 April, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:64389 Court No. - 87 Case :- APPLICATION U/S 482 No. - 40610 of 2023 Applicant :- Vimlesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Singh,Sarvagya Singh,Shiv Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Shiv Bahadur Singh, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the record.
3. The present petition under Section 482 Cr.P.C. has been filed by the applicant with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 09.6.2023 passed by Incharge Civil Judge (JD)/J.M., Chakiya, Chandauli in Misc. Case No. 132 of 2023, arising out of Case Crime No. 155 of 2022, under Section 3/7 E.C. Act, Police Station Eliya, District Chandauli and also to quash the order dated 29-9-2023 passed by Session Judge, Chandauli in Criminal Revision No. 131 of 2023 (Vimlesh Kumar Singh vs. State of U.P.) otherwise the applicant will suffer irreparable loss."
4. Learned counsel for the applicant submits that he does not intend to file any rejoinder affidavit to the counter affidavit dated 16.12.2023 of the State.
5. On 23.11.2023 the following order was passed by a co-ordinate Bench of this Court:-
"1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. Showing the illegal transportation of fertilizers through vehicle in question an FIR being Case Crime No.155 of 2022 under Section 3/7 Essential Commodities Act,1955 has been filed. During pendency of the proceedings, present applicant has moved an application for release of the vehicle in question.
3. Learned Court has rejected the application on the ground that he has got no jurisdiction to entertain the application under the provisions as enunciated under Section 6 - E of the Essential Commodities Act, 1955. It is submitted that no proceedings for confiscation has been initiated in the matter in question and the vehicle is the case property, therefore, learned court has got jurisdiction to entertain the application under Section 451 Cr.P.C.
4. Learned A.G.A. has prayed for and is granted two weeks' time to take instructions in the matter.
5. List this matter as fresh on 11.12.2023.
6. This case shall not be treated as tied up or part heard with this Bench."
6. Learned counsel for the applicant submits subsequent to rejection of application of the applicant for release of vehicle vide order dated 09.6.2023 passed by Incharge Civil Judge (JD)/J.M., Chakiya, Chandauli, a revision against the said order being Criminal Revision No. 131/2023, Vimlesh Kumar Singh vs. State of U.P., has also been rejected by the Sessions Judge, Chandauli vide order dated 29.09.2023. It is submitted that notice with regards to confiscation of the vehicle in question has been sent by the District Magistrate, Chandauli dated 13.12.2023 as has been stated in the counter affidavit dated 16.12.2023 of the State. It is submitted that as of now the situation in the present matter is different as the proceedings of confiscation are pending before the District Magistrate, Chandauli.
7. In view of the facts and circumstances of the case and subsequent development of being issuance of notice by the District Magistrate concerned for confiscation, the applicant may file a fresh application for release of his vehicle before the concerned court within a period of two weeks from today which may be decided as expeditiously as possible in accordance with law.
8. The present petition is disposed of.
(Samit Gopal,J.) Order Date :- 12.4.2024 Naresh