- (1.) KUNDAN Singh, J. This revision application has been preferred against the order dated 23-4-91 passed by Sri Kali Ram, 8th Additional Sessions Judge, Bulandshahar setting aside the order of the learned Magistrate dated 26-3-91 who directed the Maruti Van No. UMD 4355 to be given in the custody of the applicant imposing certain terms and conditions. When this revision was filed the learned State Counsel, on 5-9-91, prayed for and granted time to file a counter-affidavit by 8-7-91 and the rejoinder affidavit was to be filed by 15-7-91 but till date no counter-affidavit has been filed.
(2.) THE Maruti Van No. UMD 4355 was found abandoned near a Railway Gate, falling under the Police Station Gulauti, in the District of Bulandshahr. It was said that this Maruti Van was used in certain dacoity case and is a material exhibit of the case Crime No. 26 of 1991, under Sections 395, 397, 412 and 120-B, IPC of the Police Station Angota District Bulandshahr. The application by the applicant for the Supurdagi of this Maruti Van alleging himself to be the owner was moved before the trial Court and the lerned Magistrate pased the order dated 26-3-91 as mentioned above. The revision, filed by the State being Revision No. 188 of 1991 before the lerned sessions Judge, Bulandshahr the order of the learned Magistrate learned dated 26-3-91 was set aside mainly on the ground that there being some error in the parentage of the claimant of the Maruti Van as at some place he has mentioned his father s name as Bhogi Lal, at some place he has mentioned as Mangi Lal and at some place as Moti Lal.
(3.) I have heard the learned Counsel for the applicant as will as learned State Counsel. The learned State Counsel argued that as the Maruti Van being a material exhibit of the crime of dacoity it is necessary to be produced before the Court at the time of the trial of the case. Learned Counsel for the applicant argued out that as the condition of the Maruti Van is being deteriorated at the police station the applicant will suffer an irreparable loss if an order of its Supurdagi is not passed. After hearing the learned Counsel for the parties I am of opinion that the im pugned order dated 23- 4-91 passed by the learned 8th Addl. Sessions Judge, Bulandshahr is liable to be set aside.;