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2012 Supreme(All) 2646

MANOJ MISRA
MAIRAJ AHMAD KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Satyendra Pratap Singh-I for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—Heard learned counsel for the petitioner and learned A.G.A. for the State.

By order dated 18.9.2012 ten days time was allowed to the learned A.G.A. to seek instructions or to file counter-affidavit. No counter-affidavit could be filed. However, considering that there is no factual controversy involved in this petition, with the consent of the learned counsel for the parties, the petition is being finally disposed off at the admission stage itself.

2. The petitioner aggrieved by few onerous conditions put by the Chief Judicial Magistrate, Pilibhit in his vehicle release order dated 4.8.2012 passed in Case Crime No. 458 of 2012, under Sections 279, 337 and 338 IPC, P.S. Kotwali, district Pilibhit, has filed this writ petition. The conditions were also affirmed by the revisional Court vide order dated 16.8.2012 passed by the Sessions Judge, Pilibhit in Criminal Revision No. 166 of 2012.

3. By the order dated 4.8.2012 the Hero Honda Splendor Pro Motorcycle with registration No. U.P.26 L-1077 was ordered to be released in favour of the petitioner, who is the registered owner thereof, on certain conditions, apart from others, that he would submit personal













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