Allahabad High Court
Maneesh Shukla vs State Of U.P. on 21 January, 2010
Court No. - 49 Case :- APPLICATION U/S 482 No. - 34234 of 2009 Petitioner :- Maneesh Shukla Respondent :- State Of U.P. Petitioner Counsel :- Sudhir Shandilya Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the state respondent.
The present application under Section 482 of the Code of Criminal Procedure (in short "the Code") has been filed for quashing the order dated 20th November 2009 passed by the Incharge Special Judge (Essential Commodities Act), Jalaun at Orai in Criminal Misc. Application No. 78 of 2009 (Maneesh Shukla v State of U.P.) under Section 3/7 of the Essential Commodities Act whereby he has rejected the application of the application for release of his vehicle (Tata Indica car). It is contended that the applicant is the registered owner of the Tata Indica Car bearing registration no. UP 92 H 0031 and as per the FIR, the said vehicle was not even involved in the aforesaid offence. It is further contended that the order impugned is in the teeth of the order of the Hon'ble Apex Court in the cases of Sunderbhai Ambalal Desai v State of Gujarat [2003(46) ACC 223] and State of M.P. & others v Rameshwar Rathod [1990(7) SC 480] and the judgement of this Court rendered in the case of Rama Shanker Yadav v State of U.P. [2009(10) ADJ 597].
Learned AGA does not dispute the contention as raised by learned counsel for the petitioner.
Accordingly after hearing the learned counsel for the parties and perusal of the impugned order, the order dated 20th November 2009 passed by the Incharge Special Judge (Essential Commodities Act), Jalaun at Orai is, hereby, set aside. If the applicant moves a fresh application in the aforesaid regard within 15 days from today, the same shall be considered and decided after hearing both the parties, as expeditiously, as possible within six weeks thereafter in accordance with law.
With the aforesaid directions, the petition is finally disposed of.
Order Date :- 21.1.2010 shailesh