Allahabad High Court
Riyazuddin vs State Of U.P. And 3 Others on 25 May, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:117509 Court No. - 83 Case :- MATTERS UNDER ARTICLE 227 No. - 5743 of 2023 Petitioner :- Riyazuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Wajid Ali,Anuj Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Anil Kumar Sharma, learned counsel for the petitioner as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.
3. The instant petition has been filed with the following prayers:-
(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.9.2022 passed by learned Additional District & Sessions Judge, Court No.4/Special Judge (E.C. Act, 2003), Muzaffar Nagar in Criminal Appeal No.42 of 2022 (Riyazuddin vs. State of UP and another) as well as the impugned order dated 17.6.2022 passed by learned Additional District Magistrate (F&R), Muzaffar Nagar in Case No.441 of 2020 (Computerized Case No.D202009550000441) "State vs. Riyazuddin and others", under Section 6A of UP Essential Commodities Act and the consequential proceedings against the petitioner..
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondents not to dispose of the vehicle of the petitioner bearing no.U.P. 13M-9514 and the same may be released in favour of the petitioner.
4. The Eicher Canter of the petitioner bearing no.UP-13-M-9514 was confiscated by the police on 29.6.2019 under the 3/7 Essential Commodities Act and 150 bags of wheat belonging government was recovered from it and the case was instituted in Case Crime No.364 of 2019.
5. Learned counsel for the petitioner has stated that he has nothing to do with the said offence committed by the driver. The petitioner is the registered owner of the said vehicle bearing no.UP-13-M-9514 and the said vehicle is lying in the police station in open and there is no one to look after it. There is every likelihood of it being destroyed in near future as already about three years have passed. The Registration Certificate of the said vehicle has been filed as Annexure No.1 to the writ petition. The petitioner has no criminal history to his credit. Learned counsel has stated that the petitioner had filed for its release but was refused and had challenged it by filing criminal revision which was also dismissed.
6. Learned A.G.A. has vehemently opposed the petition.
7. In view of the facts and circumstances of the case, the impugned order dated 29.9.2022 passed by learned Additional District & Sessions Judge, Court No.4/Special Judge (E.C. Act, 2003), Muzaffar Nagar and impugned order dated 17.6.2022 passed by learned Additional District Magistrate (F&R), Muzaffar Nagar are quashed. The learned Magistrate is directed to release the vehicle in question i.e.UP-13-M-9514 in favour of the petitioner forthwith after verification of ownership documents of the said vehicle.
8. Accordingly, the writ petition is allowed.
[Krishan Pahal, J.] Order Date :- 25.5.2023 Vikas