- (1.) KHEM Karan, J. Heard the learned Counsel for the parties on this application under Section 482 Cr. P. C.
(2.) THE prayer in this application is that the order dated 8-5- 2002 (Annexure-1) passed by the learned IInd A. C. J. M. Sitapur refusing the release of the Tractor-trolley No. UP34-C-3544 in favour of the applicants and the order dated 15-6-2002 passed by the learned Sessions Judge in revision by which he dismissed the revision against the order, dated 8-5-2002, be quashed and the Tractor-trolley be released in favour of the applicants. It transpires that a Criminal Case No. 65 of 2002, under Sections 147/148/149/333/504/506/307/341, IPC and 7 Cat Law Amendment Act, was registered with P. S. Ataria, District Sitapur on the allegations that the accused and others blocked the passage for some time by placing their tractor-trolley on the Public Highway. One of the Tractor-trolleys belongs to the present applicants. It is said that accused have been released on bail. The applicants moved for release of the Tractor-trolley to the learned Magistrate, who refused it on the ground that it was used for blocking the Highway. The revisional Court also expressed the same view. It is said that the applicants are the registered owners of the Tractor- trolley in question. The learned Counsel for the applicants has submitted that there is no point in retaining the Tractor- trolley at the police station or at any other place for unduly long period as it is likely to diminish its value in the coming rains and its use for agricultural purposes, may not be made. He says that the revisional Court ought not to have refused to interfere with the order of the learned Magistrate on the supposed ground that the power of release could not be exercised at the stage of the investigation.
(3.) THE Court is of the view that the Tractor-trolley in question should be released in favour of the present applicants on their producing relevant papers regarding the ownership etc. before the learned Magistrate concerned. So the application is allowed and the two orders mentioned above are hereby quashed and it is directed that the learned Magistrate will release the Tractor- trolley in favour of the present applicants on their furnishing relevant papers regarding the ownership etc. and on some terms and conditions as he thinks fit, within a period of ten days from the date a certified copy of this order is produced before it. Let a copy of this order be issued to the learned Counsel for the applicants within 24 hours on payment of usual charges. Case allowed. .;