- (1.) AMAR Saran, J. Heard learned Counsel for the applicant and learned Additional Government Advocate.
(2.) THE Station House Officer, police station Attra, district Banda is present before this Court in compliance of the order dated 12. 2. 2008. An explanation has been submitted by the learned Additional Government Advocate as to the circum stances why the counter affidavit has been filed with delay. In view of the fact that file has been misplaced in the office of the Government Advocate, Allahabad, no further action in this regard is required against the investigating officer. As the counter affidavit is on the record, in my view, there is no need for calling rejoinder affidavit in the present case. This application has been filed with a prayer to quash an order dated 29. 10. 2007 passed by the Special Judge, Dacoity Affected Areas Act, Banda whereby the learned Judge had rejected the applicant's application purportedly under Section 457 of the Code of Criminal Procedure and to issue a direction to the Station House Officer, police station Attra, district Banda to release the Bo lero Jeep No. U. P. 90- C6431 in favour of the applicant after taking adequate surety.
(3.) IT is contended by the learned Counsel for the applicant that the applicant is the registered owner of the aforesaid vehicle and he had purchased the same in the year 2006 from Star Automobiles, Satna and a sale certificate is appended and that his vehicle has been used during the Vidhan Sabha Elections, 2007. On 26. 4. 2007 at about 5. 00 P. M. when the vehicle was plying for campaigning for Smt. Piyaria, the candidate of Rastriya Lok Dal and was driven by the Driver Surendra Singh Arakh a//as Kallu, then the Attara police seized the vehicle and arrested -the driver and falsely implicated him in a criminal case and took the registration, insurance papers and driving licence and tore them up and pulled out the number plate of the Jeep. However, alt the accused have been granted bail. The contention of the learned A. GA. on the other hand was that on 15. 4. 2007 at about 6. 45 P. M. Surendra Singh Arakh a//as Kallu was apprehended along with other co-accused while he was engaged in illegal work and in an illegal manner he was collecting people for supplying meals to Thokia gang and he was a unable to show any vehicle papers and there was an attempt to rub off the engine and chassis numbers and, therefore, there was a suspicion that the vehicle was a stolen one and a case was registered as case crime No. 98 of 2007, under Sections 387-A/216-A/489-G/171-EJPC and 14of Dacoity Affected Areas Act The vehicle was detained at the police station and a report was called from the Forensic Laboratory with regard to the engine and chassis numbers. The report showed that the numbers were not very clear.;