HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5196 of 2024 Court No. - 93 HON'BLE TARUN SAXENA, J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. This Criminal Revision under Section 397/401 Cr.P.C. has been filed by the revisionist to set aside the order dated 12.07.2024 passed by learned Special Judge (D.A.A.), Jhansi in Criminal Misc. Case No. 329 of 2024 (Dharmendra) Singh Chauhan Vs. State) and also the order dated 20.04.2023 in Criminal Misc. Release Application No. 581 of 2023, arising out of Case Crime No. 230 of 2019, under Sections 307, 394, 397, 398, 353/34 I.P.C., Police Station Moth, District Jhansi. 3. Learned counsel for the revisionist states that the revisionist is owner of the vehicle bearing No. U.P. 78 AQ 5678, which was found to be involved in commission of offence registered by the Police in Case Crime No. 191 of 2019, under section 307, 186, 411/34 I.P.C. and Section 3/5/25/26(2) of Arms Act, P.S. Gursarai, District Jhansi. The said vehicle was seized by the police with the allegations alleged in the aforementioned sections. Thereafter, the revisionist moved an application before the learned Special Judge (D.A.A.), Jhansi for release of the vehicle, but vide order dated 20.04.2023, the Special Judge rejected the application of the revisionist. Thereafter the revisionist again moved an application before the learned Special Judge (D.A.A.), Jhansi and on 12.07.2024 the Special Judge again rejected the application of the revisionist. The vehicle is lying in the police custody since three years, Versus Counsel for Revisionist(s) : Gaurang Dwivedi, Pranvesh Counsel for Opposite Party(s) : G.A. Dharmendra Singh Chauhan .....Revisionist(s) State of U.P. .....Opposite Party(s) which is causing inconvenience to the business of the revisionist. 4. Aggrieved by the orders dated 20.04.2023 and 12.07.2024, the revisionist has preferred the instant revision before this Court for release of the vehicle in his favour. 5. On perusal of the record of the case, it transpires that the vehicle was seized on 06.10.2022 and the application of revisionist for releasing of the said vehicle have been rejected on the ground that the said vehicle is the case property and it can not be released till investigation is pending. However, such finding is contradictory to the spirit of the law propounded in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934. Hence, the impugned orders are not tenable in the eye of law. 6. Considering the facts and circumstances of the present case, the instant revision is hereby disposed of with the direction to the Court below to decide the release application of the vehicle filed by the revisionist afresh expeditiously preferably within a period of four weeks from the date of production of certified copy of this order in pursuance of the decision passed by the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934. October 28, 2025 SK Srivastava CRLR No. 5196 of 2024 2 (Tarun Saxena,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad