Allahabad High Court
Smt Savita And Another vs State Of U.P. And Another on 23 April, 2026
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:90431
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2496 of 2026
Smt Savita And Another
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Revisionist(s)
:
Anand Kumar Pandey
Counsel for Opposite Party(s)
:
G.A.
Court No. - 86
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the revisionists as well as learned A.G.A. on the point of admission.
The present criminal revision has been filed by the revisionists with prayer to allow the revision call for record and set aside the impugned order dated 20.02.2026 passed by learned Civil Judge (JD)-II/Judicial Magistrate, Baghpat in Case Crime No. 372 of 2025, under Section 318(4) B.N.S., Police Station Binauli, District Baghpat by which the vehicle release application has been allowed by the learned court.
It is submitted by learned counsel for the revisionist that in this case, vehicle bearing no. UP 17AT7173 is registered in favour of Mahasaya Jaichand Memorial Public School, Jiwana, Guliyana, Post Binauli, District Baghpat and this institute is run by Omved Sikshcha Prasar Samiti Village Jiwana, Guliana, Post & Police Station Binauli, District Baghpat. Smt. Charu Jain is not the manager of that institute and even that institute is not in existence at present. She has filed an application for release of the aforesaid vehicle which was released in her favour by the learned court of Civil Judge (JD)-II/Judicial Magistrate, Baghpat vide order dated 20.02.2026. Since the opposite party no. 2 is not registered owner of the vehicle, therefore, the order passed by learned trial court is illegal and inappropriate and is liable to be set aside.
Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court dated 20.02.2026, it transpires that the aforesaid vehicle is registered in favour of Mahasaya Jaichand Memorial Public School, Jiwana, Guliyana, Post Binauli, District Baghpat and this institute is being run by Omved Sikshcha Prasar Samiti Village Jiwana, Guliana, Post & Police Station Binauli, District Baghpat of which the opposite party no. 2 is manager. The copy of the order dated 17.03.2025 passed by the Deputy Registrar Firms Society Chits, Meerut shows the name of Smt Charu Jain as manager of Omved Sikshcha Prasar Samiti Village Jiwana, Guliana, Post & Police Station Binauli, District Baghpat for the year 2024-25. The opposite party no. 2 being manager of the Omved Sikshcha Prasar Samiti Village Jiwana, Guliana, Post & Police Station Binauli, District Baghpat running the school namely, Mahasaya Jaichand Memorial Public School, Jiwana, Guliyana, Post Binauli, District Baghpat is entitled for the release of vehicle. The learned trial court has released the vehicle in her favour in view of observation made by Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC) case on certain conditions. There appears no any illegality and impropriety in the order passed by learned trial court dated 20.02.2026. If there is any dispute regarding manager-ship of the aforesaid institute between revisionists and opposite party no. 2, the revisionists may get it settled before the competent authority. Accordingly, this criminal revision being devoid of merit and order passed by learned court concerned being appropriate warrants no interference by this Court.
The present revision is dismissed at admission stage itself.
(Subhash Chandra Sharma,J.) April 23, 2026 Anurag Singh