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2025 DAILYLAW 20647 (ALL)

MEHBOOB ALI v. STATE OF U.P. AND ANOTHER

A227/2878/2019 · 2025-09-09

Vinod Diwakar

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 2878 of 2019 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner as well as the learned A.G.A. representing the State-respondents. 2. The present petition under Article 227 of the Constitution of India has been filed assailing the order dated 16.02.2019 passed by the learned Additional Sessions Judge, First, Rampur in Criminal Revision No. 01 of 2017, Mehboob Ali v. State of U.P. and Another, as well as the order dated 05.12.2016 passed by the learned Chief Judicial Magistrate, Rampur in Criminal Misc. Application No. Nil of 2016, State v. Mehboob Ali and Others, arising out of Case Crime No. 46 of 2016, under Sections 420, 467, 468, 471, 414 I.P.C., registered at Police Station Civil Lines, District Rampur. By the said orders, the prayer of the petitioner for release of Truck No. U.P. 21 N-1121 was declined on the ground that the engine number of the petitioner's truck did not tally with that of the truck seized and lying in the police station. 3. Learned counsel for the petitioner contends that the vehicle in question has been wrongfully withheld at Police Station Civil Lines, District Rampur for the last six years and, during such period of illegal detention, major parts of the truck have been lost or dismantled, thereby causing irreparable prejudice to the petitioner. 4. Having considered the submissions and perused the material on record, Versus Counsel for Petitioner(s) : Mahesh Kumar Srivastava, S. Kamal Akhtar Khan Counsel for Respondent(s) : G.A. Mehboob Ali .....Petitioner(s) State of U.P. and Another .....Respondent(s) this Court is of the view that if there is no subsisting legal impediment, the learned Chief Judicial Magistrate, Rampur shall ensure release of Truck No. U.P. 21 N-1121 to its rightful owner, after due verification of ownership documents and subject to such terms and conditions as may be deemed appropriate to safeguard the interest of justice. 5. In view of the aforesaid, the petition is disposed of with the aforesaid direction. September 10, 2025 Shafique A227 No. 2878 of 2019 2 (Vinod Diwakar,J.) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad