POONAM SRIVASTAV, J. - (1.) HEARD Sri Prabha Shanker Pandey, learned counsel for the applicants and learned A.G.A. for the State.
(2.) THE order dated 16.9.2006 passed by the Judicial Magistrate, Bhoganipur, Kanpur Dehat in case no. 13 of 2005 is impugned ill the instant application, whereby an application for release of Chassis No. 426021 AUZ200824, Engine No. 50A62380439 vide temporary registration no. JH-05 C-4977 (hereinafter referred as the vehicle in question) has been rejected. The order rejecting release application was challenged in criminal revision no. 151 of 2006, which was dismissed vide order dated 10.1.2007. This order is also impugned in the instant application. Temporary registration form issued from Jharkhand on 19.7.2006 is annexed as annexure no. 1 to the affidavit filed in support of the application, wherein Chassis and Engine numbers are clearly shown, which was being taken from Jharkhand to Jaipur to its purchaser. The vehicle in question met with an accident en-route to Jaipur and consequent thereon First Information Report was registered at case crime no. 97 of 2005 under Sections 279/304-A I.P.C. P.S. Moosanagar, District Kanpur Dehat.
(3.) DRIVER of the vehicle Adesh Kumar, applicant no. 1 was convicted under Section 279 I.P.C. awarding fine of Rs.l,000/- and under Section 304-A I.P.C. to undergo rigorous imprisonment for a period of one month. In the event of nondeposit of fine, additional sentence was of one month. The application for release was moved by Driver Adesh Kumar himself, which was rejected on the ground that driver is not the registered owner of the vehicle in question, therefore, release application could not be allowed. Revision has also been dismissed on the same ground. The instant application has been moved on behalf of driver Adesh Kumar as well as Tata Motors, who is manufacturer of Chassis of the truck, which is sold to the different, dealers.;