- (1.) T. P. Garg, J. This revision/petition is directed against the order dated 11-3-1997 passed by the IV Addl. District & Sessions Judge, Aligarh, rejecting the application of the revisionist/petitioner for release of his Motor Cycle No. UMT 2913 allegedly involved in case Crime No. 251/96 under Sections 147/148/149/302, I. P. C.
(2.) HEARD Sri Ratan Singh, learned counsel for the petitioner, and the learned A. G. A. for the State. Both have agreed that this revision be disposed of finally at this very stage. The case of the petitioner is that he is the registered owner of the aforesaid Motor Cycle, as per Certificate of Registration and the Insurance Policy (Annexures '2' & '3' to the petition) ; that a case vide F. I. R. (Annexure IT) has been registered at Police Station Sasnigate, vide Crime No. 251/96 under Sections 147/148/149/302, I. P. C. and during investigation of the said case the aforesaid Motor Cycle has been seized by the police. The petitioner's case further is that the Motor Cycle is parked in the open at the police station, on account of which its condition would deteriorate with the passage of time; that since the petitioner is the registered owner the vehicle be released and he is prepared to furnish reasonable surety for the same. Vide the impugned order, the learned Additional District Judge found no ground for return of the Motor Cycle on account of the fact that it was the case property and used by the accused, Alok, in the crime.
(3.) ON behalf of the petitioner the learned counsel has referred to the FIR (Annexure T) and argued that the number of the Motor Cycle is not disclosed in the F. I. R. so as to hold that the Motor Cycle in question was the one which was used for the commission of the crime. The learned A. G. A. for the State has not controverted the aforesaid contention. Having regard to the facts and circumstances of the case and that the Motor Cycle is no longer required by the Investigating Agency for any investigation, there are no cogent reasons as to why it should be allowed to remain lying at the Police Station where its condition is likely to deteriorate with the passage of time.;