HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2016 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Case called out. 2. None for the petitioner. 3. This Court passed the following order on 20.3.2024: "Heard Shri Shiv S.E. Chitambar, learned counsel for the petitioner and Shri S.P. Singh, learned A.G.A. for the State. This writ petition has been filed under Article 226 of the Constitution of India seeking release of the vehicle which was seized in connection with Case Crime No. 0177 of 2023, under Sections 279, 304-A IPC, Police Station- Kurebhar, District- Sultanpur as even after an order having been passed under Section 451 Cr.P.C. by the Civil Judge (SD)/FTC/Jurisdictional Magistrate, Sultanpur on 01.09.2023 for its release. The police of Police Station- Kurebhar, District- Sultanpur is not releasing the same. Instructions have been provided by the Police Station- Kurebhar, District- Sultanpur to the Government Advocate, which is taken on record and according to which, there is some dispute between the petitioner- Shyam Bihari who is not an accused in the said case and Shri Ajeet Verma, who was plying the vehicle at the time of commission of the alleged crime with regard to sale of the same and the consideration to be paid and that the police has not been able to decide the said issue. We fail to understand as to what locus the police has in such a matter. Once there is an order of the Magistrate then the person in whose favour the order has been passed, should be released the vehicle. The other side can take recourse to legal remedy in this regard but the police would have no role to play, unless of course the vehicle is registered in the name of someone else which is not the case here otherwise Versus Counsel for Petitioner(s) : Shiv S.E. Chitambar Counsel for Respondent(s) : G.A. Shyam Bihari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) the Magistrate would not have passed the order. Let the Superintendent of Police, Sultanpur file his own affidavit positively within one week and explain the conduct of the police officials working under him. If the order of the Magistrate is not complied by the next date, then, we will have no other option but to summon the Superintendent of Police himself as much time has been utilized on such a writ petition which in fact would not have come to this Court if the police had acted diligently and fairly. We further make it clear that any attempt by any police personnel whether of Police Station- Kurebhar, District- Sultanpur or any other police station under the District- Sultanpur to harass the petitioner or threaten him in any manner would be taken seriously and consequences would be very serious. List/ put up on 02.04.2024. Let a copy of this order be provided the learned counsel for the parties within 24 hours on payment of usual charges." 4. Learned AGA on the basis of instruction submits that the vehicle has been released in favour of the petitioner on 29.3.2024 at 18:35 hours vide G.D. No. 033 dated 29.3.2024, therefore, the petition has lost its efficacy. 5. Dismissed accordingly. October 31, 2025 Fahim/- CRLP No. 2016 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench