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2025 DAILYLAW 31394 (ALL)

SHRESTH SHARMA v. STATE OF U.P. AND ANOTHER

A227/5304/2022 · 2025-03-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35839 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 5304 of 2022 Petitioner :- Shresth Sharma Respondent :- State of U.P. and Another Counsel for Petitioner :- Devendra Kumar Misra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with the following prayers: (i) issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 15.3.2022 passed by Additional District & Sessions Judge, Court No.18, Kanpur Nagar in Criminal Revision No. 49 of 2022 (Shresth Sharma vs. State of U.P.) as well as order dated 3.2.2022, passed by Civil Judge (Junior Division)/FTC/CAW, Kanpur Nagar with all its consequential effects. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents/opposite parties to release the vehicle of the petitioner bearing Registration No. U.P. 14 CM 0095 (Innova) in favour of the petitioner forthwith. 3. The controversy as raised through the instant petition and as duly countered by learned AGA while preferring counter affidavit wherein specific stand has been taken by the State that inspite of several opportunities extended in favour of petitioner, the relevant document related to the vehicle has never been apprised to the appropriate authority or before any court of law wherein release application has been preferred at the behest of the petitioner. 4. No adjudication is possible if petitioner is not cooperating with the court concerned, however, the matter relates to release of the vehicle which pertains to the petitioner. 5. Petitioner is hereby given liberty to prefer fresh release application before appropriate forum of law by way of annexing relevant documents related to the vehicle which has already been appended alongwith instant petition and the same may be treated as documents available with the petitioner and after due verification of the same learned concerned court is hereby directed to proceed for considering the release application preferred at the behest of petitioner expeditiously preferable within a period of four months from the date of production of certified copy of this order. 6. The petition stands disposed of accordingly. Order Date :- 11.3.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad