- (1.) This application u/s 482 Cr.P.C. has been filed by the applicant invoking the inherent jurisdiction of this Court with the prayer for quashing the order dated 10.06.2019 passed by Incharge Judicial Magistrate, Court No.11 Deoria in Misc. Case No.171 of 2019 (State Vs. Satya Prakash Mall), arising out of Case Crime No.318 of 2018, under Sections 419, 420, 467, 468, 471, 272 I.P.C. and under Sections 60, 63, 72 of Excise Act, Police Station Rudhrapur, District Deoria.
(2.) Further prayer has also been made to quash the order dated 18.07.2019 passed by Additional District and Sessions Judge, Court No.7, Deoria in Criminal Revision No.93 of 2019 (Vikas Kumar Vs. State of U.P.) filed against the aforesaid order of learned Incharge Judicial Magistrate, Deoria, rejecting the release application which has been confirmed by the learned revisional court. Counter and rejoinder affidavits have been exchanged between the parties. Heard learned counsel for the applicant, learned A.G.A. for the opposite parties and perused the record.
(3.) Learned counsel for the applicant has submitted that the applicant is the registered owner of vehicle/Mahindra Scorpio bearing Chasis No. MA1TA2TDKJ2J39166 and Engine No.TDJ4J79127, in this regard sale certificate and trade certificate were issued by the agency. Thereafter, the applicant has applied for registration of the said vehicle before the Regional Transport Officer, Siwan and when the vehicle of the applicant was driven by driver, while going to Deoria for treatment of his relative, then police of Police Station Rudhrapur, District Deoria caught the vehicle and detained at Police Station Deoria without any reason. When the applicant came to know about this incident he went to police station to ensure about the incident but the vehicle of the applicant was not there and it was detained by the police to some other place keeping the vehicle in their custody.;