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2017 Supreme(All) 473

SUDHIR AGARWAL
MAGMA LEASING LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
C.K. Parekh for the Revisionists; A.G.A. for the Opposite Parties.

JUDGMENT :

1. Heard Sri C.K. Parekh, learned counsel for revisionists and learned A.G.A. for State-respondent.

2. This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by order dated 18.07.2006 passed by Chief Judicial Magistrate, Farrukhabad in Case No. 2138 of 2005 rejecting the application of revisionist for release of Vehicle No. UA 04C 1478.

3. Facts, in brief, are that a First Information Report was lodged by Dr. N. Verma, Assistant Regional Transport Officer, Farrukhabad on 21.10.2005 stating therein that on 01.10.05 at 7:50 O'clock, he, along with Police Constable Shri Suresh Sharma (Supervisor) and Police Constable Shri Vivek Dwivedi and Prahari Constable Shri Indrapal Singh, in a Government Vehicle No. UP 30L 6256, was carrying out checking at the distance of 50 yards from Central Jail Outpost when driver of vehicle, DCM, bearing no. UA 04C 1478, on being signalled by him to halt, stopped the vehicle and fled away. Vehicle was loaded with vardaana (cattle) and around 21 cows and a she-calf tethered with ropes were seen sitting there. Driver fled away and vaardana in the vehicle appeared to be utterly miserable. Besides driver, there





























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