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2025 DAILYLAW 104984 (ALL)

POONAM v. State of U.P. AND 2 OTHERS

A482/35813/2024 · 2025-03-10

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35904 Court No. - 76 Case :- APPLICATION U/S 482 No. - 35813 of 2024 Applicant :- Poonam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vineet Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 08.07.2024, passed by the Additional Chief Judicial Magistrate/Additional Civil Judge (S.D.), Court No.2, Ghaziabad, in Case No.2 of 2024, titled State v. Sanjay Kumar, under Section 14(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No.207 of 2024, under Section 207 of the Motor Vehicles Act, Police Station Masoori, District Ghaziabad, whereby the application for the release of the vehicle bearing Registration No. UP-14-FK-7533 was rejected on the ground of lack of jurisdiction. 3. At the very outset, learned counsel for the applicant submits that he may be permitted to withdraw the present application with liberty to move an appropriate application before the Commissioner of Police, Ghaziabad Commissionerate. 4. In view of the aforesaid submission, the instant application is dismissed as withdrawn with liberty to the applicant to move an appropriate application before the Commissioner of Police, Ghaziabad Commissionerate. It is expected that the Commissioner of Police, Ghaziabad Commissionerate, shall consider and decide the application in accordance with the law within a period of three weeks from the date of receipt of a certified copy of this order. Order Date :- 11.3.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad