Lawrance R/O Arackal House vs And on 10 August, 2022

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Himachal Pradesh High Court

Lawrance R/O Arackal House vs And on 10 August, 2022

Bench: Vivek Singh Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                     ON THE 10th DAY OF AUGUST, 2022




                                                               .

                                 BEFORE

             HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





      CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 665 OF 2022

Between:-

     JIBI   LAWRANCE     S/O   AJ





     LAWRANCE R/O ARACKAL HOUSE
     ALINCHUBADU P.O. EDAPALLY
     DISTRICT ERNAKULAM KERLA.
                                                                   ....PETITIONER

     (BY SH. LAKSHAY PARIHAR, ADVOCATE.)

     AND
     STATE OF HIMACHAL PRADESH.                                 ....RESPONDENT

     (BY SH.RAJU RAM RAHI, DEPUTY



     ADVOCATE GENERAL)

     H.C. KRISHAN KANT NO. 47, POLICE




     STATION KULLU, H.P. PRESENT IN PERSON
     ALONGWITH RECORD.





     Whether approved for Reporting?





              This petition coming on for admission this day, the Court
delivered the following:
                                 ORDER

Petitioner has approached this Court invoking provisions of Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') for release of Loud Speakers and Mixtures seized by Police of Police Station, Kullu in FIR No. 82 of 2022, Registered under Section 188 of the Indian Penal Code.

2. Status report, explaining circumstances in which Loudspeakers and Mixtures were taken into possession and seized by the Police, stands filed.

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3. Petitioner had approached the Chief Judicial Magistrate, Kullu for release of aforesaid articles. Investigating Agency had .

submitted its written submissions before the Chief Judicial Magistrate, Kullu, communicating its no objection for release of articles, as these articles were not required for further investigation. However, the Chief Judicial Magistrate dismissed the application vide impugned order dated 24.6.2022, by referring order passed by this High Court in CWP Nos.

1916 of 2009 and 7784 of 2019,

4. Perusal of orders passed by this High Court in CWP Nos.

1916 of 2009 and 7784 of 2019, demonstrates that in the said order it was observed by the Court that equipment seized in such like cases shall be released only after an application is filed in the High Court.

5. In view of aforesaid, Loud Speakers and Mixtures seized in present case by the Police are ordered to be released, to its true owner or from whom these articles were seized, on spurdari on furnishing surety bond in the sum of 1,50,000/- to the satisfaction of Chief Judicial Magistrate Kullu.

The petition stands disposed of in above term.

(Vivek Singh Thakur), th 10 August, 2022 Judge.

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Himachal Pradesh High Court