Ajay Rastogi, J. - (1.) INSTANT petition has been filed by petitioner who is husband of registered owner of vehicle i.e. Motorcycle No. RJ -20 -13M -7728 in question and being a Muslim lady, she has handed over power of attorney to her husband to take appropriate steps for release of vehicle which has been seized by the police.
(2.) IT appears that Raees Mohammad, who is son of Smt. Kammo who is registered owner of vehicle, is accused in a pending criminal case and is facing trial for offence Under Sections 392, 341, 414 & 120B IPC and at the stage when the order was passed by learned trial Judge, it was pending investigation. Counsel informed that the accused is facing trial of the alleged offence which he has committed referred to supra. Power of attorney holder Gani Mohammad, who is husband of registered owner Smt. Kammo, filed application Under Section 457 Cr.P.C. for release of Motorcycle No. RJ20 -13M -7728, but the same was rejected by learned trial Judge on the premise that looking to the nature of offence it was not considered appropriate to release the vehicle in question. Revisional Court also upheld the said order.
(3.) SO far as the accused Raeees Mohammad is concerned, he is facing trial for alleged offence which has been committed by him, no adverse inference at this stage in any manner could have been drawn.;