ANIL KUMAR SINHA
Subhag Singh – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J. – Heard learned counsel for the parties concerned.
2. The present writ application has been filed for quashing the order, dated 09.09.2019, passed by the learned Chief Judicial Magistrate, Arwal, in Mahendia Police Station Case No. 55 of 2018, whereby the learned Magistrate has rejected the petition, dated 27.07.2019, filed by the petitioner for release of his Bolero vehicle, bearing Registration No. BR-02T-8653 and further for quashing the order, dated 04.01.2020, passed by the learned Sessions Judge, Jehanabad, in Revision Case No. 54 of 2019, by which the learned Sessions Judge has affirmed the order dated 09.09.2019 passed by the learned Chief Judicial Magistrate with liberty to the petitioner to renew his prayer for release of the vehicle within a period of two months if the trial of the case is not concluded. The petitioner again, on 05.03.2020, filed an application before the learned Chief Judicial Magistrate, Arwal for release of his vehicle, but the learned Chief Judicial Magistrate vide order, dated 01.07.2020, dismissed the prayer of the petitioner on the ground that his application is not maintainable in the present situation. The petitioner has furt
The main legal point established in the judgment is the need for expeditious and judicious exercise of powers by the court in ordering the custody and disposal of seized property, particularly vehicl....
The court affirmed that seized property should be released promptly under Section 451 CrPC to prevent unnecessary custody and deterioration.
The court's decision emphasized the importance of adhering to the legal provisions of the Code of Criminal Procedure and following the guidelines set by the Supreme Court in similar cases.
The main legal point established in the judgment is the need for expeditious release and disposal of seized properties in compliance with statutory provisions and previous court decisions.
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