- (1.) Heard Mr. R. N. Shukla for the Petitioner and the learned A.G.A. for the Respondent and perused the record.
(2.) With the consent of the learned Counsel for the Petitioner and the learned A.G.A., the matter is being finally disposed of.
(3.) This is a petition under Section 482. Code of Criminal Procedure for quashing the order dated 6.10.2009. passed by the Chief Judicial Magistrate, Shahjahanpur in the Crime No. 370/2009, under Sections 279, 304A and 427, I.P.C., police station R.C. Mission, district Shahjahanpur, whereby the learned Chief Judicial Magistrate released the vehicle No. UP-32/A.T.C.-1249 in favour of the Petitioner M/s. Zoom Movers Proprietary on certain conditions and one of the conditions, which has been impugned in this petition, was that the registered owner of the vehicle shall not transfer the vehicle and keep the same in the safe custody and produce whenever required by the Courts. This condition, according to the Petitioner, was stringent and unwarranted in law, therefore, liable to be struck down.;