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Neutral Citation No. - 2025:AHC:72827 Court No. - 91 Case :- CRIMINAL REVISION No. - 1914 of 2023 Revisionist :- Mohit Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Dheeraj Kumar Singh,Rajesh Kumar Dubey,Sachin Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Rajesh Kumar Dubey, learned counsel for the revisionist and Sri S.S.R. Dwivedi, learned A.G.A. for the State- respondent.
2. This revision has been filed against the order of learned Special Chief Judicial Magistrate, Meerut dated 22.03.2023 in Case Crime No. 38 of 2022-23 under Sections 26, 50, 51 of Indian Forest Act, 1927 and Sections 2, 27, 29, 39, 50, 51 of Wild Life Protection Act vide impugned order the learned Magistrate has rejected the prayer of the revisionist to release his vehicle, which is involved in the above case crime number.
3. Learned counsel for the revisionist submits that the only ground mentioned by the learned Magistrate while rejecting the application is that the confiscation proceedings are going on.
Learned counsel further submits that in view of Sundarbhai Amba Lal Desai Vs. State of Gujarat reported in AIR 2003 SUPREME OURT 638, pendency of confiscation proceedings shall not be an impediment in releasing the vehicle.
4. On the other hand, learned A.G.A. submits that the confiscation proceedings have been concluded and the vehicle in question has been confiscated in favour of the State.
5. Learned counsel for the revisionist concedes that the revision has become infructuous in view of the fact that the vehicle in question has been confiscated in favour of the State.
6. In light of the above, this revision is dismissed as infructuous.
Order Date :- 6.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad