Allahabad High Court
Pradeep Kumar Son Of Sri Surender Kumar vs State Of U.P., Station House Officer And ... on 31 January, 2006
JUDGMENT G.P. Srivastva, J.
1. Heard learned Counsel for the parties.
2. This is an application under Section 482 Cr.P.C. for quashing the orders dated 29.11.2005 and 24.11.2005 passed by the Sessions Judge as Well as Chief Judicial Magistrate, Sant Ravidas Nagar (Bhadohi) by which the release application of the applicant as well as revision were rejected.
3. It appears that in crime No. 1118 of 2005 under Sections 147/14/149/307 I.P.C. and Section 5 Explosive Substance Act police station Bhadohi Mahindra Jeep No. U.P. 66 C 6080 was seized as it was used in the crime. The applicant who is an accused in the said case moved an application for its release before the Chief Judicial Magistrate which was rejected. Thereafter a revision was preferred against the said order which too was disposed of by the Incharge Sessions Judge vide order dated 29.11.2005 with the observation that it is not proper to release the vehicle without appearance of the accused. It was directed that as soon as the accused appears the vehicle be released in his favour after obtaining necessary security.
4. The applicant obtained an order from this Court dated 9.11.2005 in Criminal Misc. Writ Petition No. 11174/05 Pradeep Kumar Dubey and Ors. v. State of U.P. and Ors. whereby the arrest of the accused persons was stayed for four weeks and it was directed that in the mean time the petitioners shall surrender before the court below where their bail shall be dealt with in accordance with law. This order was never complied with and the accused persons again approached this Court vide Criminal Misc. Application No. 17657/05 Surendra Kumar and Anr. v. State of U.P. and Ors. wherein this Court has stayed the proceedings of crime No. 1118/05 in pursuance of charge sheet submitted in the said crime, the order is dated 7.1205. The result is that the proceedings of the case has been stayed and the accused persons are away from the court but wants to get the vehicle released in their favour. The case is an example of misuse of the process of law where the accused wants to get the benefit from the court without putting appearance therein. The order under revision is just and proper. The application under Section 482 Cr.P.C. does not hold good and is hereby dismissed.