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1983 Supreme(All) 377

O.P.SAXENA
AMARJEET SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Chandra, MOHAN, Mohd.Akram Khan

0. P. SAXENA, J.

( 1 ) THIS is an application under section 482 Criminal Procedure Code praying for the release of Car No. UPH 5824 in favour of the applicant on furnishing adequate sureties to the satisfaction of Chief Judicial Magistrate, Fatehpur.

( 2 ) THE undisputed facts are that on 17th January, 1983 at about 9 P. M. at Jwalaganj Tn-crossing, P. S. Kotwali Fatehpur, some miscreants were arrested for offences under sections 399/402/407 Indian Penal Code and S. 25 Arms Act. The car in which they were traveling was also seized. It was produced before the Chief Judicial Magistrate, Fatehpur. The applicant gave an application for the release of the car and the same was dismissed on 1-2-83. The applicant filed a revision against the aforesaid order and the same was dismissed by VII Additional Sessions Judge, Fatehpur on 22-8-83. The applicant has come to this Court for suitable orders regarding the release of the car.

( 3 ) I have heard the learned counsel for the parties. An affidavit has been filed by the applicant in which the relevant facts have been sworn. No counter-affidavit has been filed. The applicant is the owner of the car. It is not said that the car was used for the







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