- (1.) SHIV Shanker, J. This criminal revision has been directed against the order dated 24-9-2005 passed in release application No. Nil of 2005, State v. Unknown, under Section 41 Cr. P. C. /411 IPC, P. S. Karvi, District Chitrakoot whereby the release application of the applicant revisionist was rejected on the ground of beyond jurisdiction.
(2.) THE brief facts, arising out of the case are that on 18-7-2005 the truck bearing No. U. P. 70/at 2262 was booked by Delhi Assam Roadways Indore and plastic granule was loaded on the truck of the applicant for the transportation to the destination of District Varanasi. In the way of transportation of goods the second driver Sri Kamlesh Kumar Shukla had badly injured the driver Harish Chandra with an intention to commit loot fled away with loaded truck in question on 19-7-2005. He was admitted in the hospital by visible persons. In this regard a first information was lodged at police station Bareili, District Raisen (M. P. ). On 25-7-2005, the applicant got a telephonic message from unknown person that his truck was lying in the area of the police station Karvi, District Chitrakoot (U. P.) and as such the applicant revisionist rushed to the site and found that the truck was found unloaded and on an enquiry, it was informed that the second driver Kamlesh Kumar Shukla fled away with the goods of truck towards Rajapur. THE applicant informed this fact to the concerned Police Station Karvi, District Chitrakoot and the truck was brought to the police station Karvi with the help of police and by the joint efforts of the police personnel, the goods were also recovered under the limits of police station Rajapur and was also taken by the police in its custody and a report was lodged in this regard at P. S. Karvi, District Chitrakoot on 29-7-2005 which was registered as Case Crime No. Nil of 2005 under Sections 392/412 IPC. The truck in question was purchased by applicant and the same was registered with the registering authority in his name after taking financial assistance from I. C. I. C. I. Bank Ltd. and the same was hypothecated with the aforesaid bank. Thereafter, the release application under Section 451 Cr. P. C. was moved before the Magistrate Chitrakoot on 3-8-2005 which was rejected on the ground that Court of Chitrakoot has no jurisdiction to decide the release application regarding the release of truck in question by his order dated 24-9-2005. Feeling aggrieved, the applicant revisionist has preferred this criminal revision in this Court.
(3.) I have heard learned Counsel for the both the sides and perused the records. It is contended on behalf of the revisionist that the learned Court below has wrongly rejected the release application on the ground of lack of jurisdiction and that the Court below has jurisdiction to decide the release application as the truck was found within the jurisdiction of P. S. Karvi where it was taken into custody by the police. It is further contended that if the truck in question is not released then the truck will be became decay and great hardship is to be caused to the applicant revisionist and that the applicant will be unable to pay the installments of the concerned bank. The truck is lying in the police custody from July 2005. On the other hand, it is urged that the learned Magistrate has committed no illegality in rejecting the release application.;