Neutral Citation No. - 2025:AHC:30762 Court No. - 81 Case :- CRIMINAL REVISION No. - 2439 of 2024 Revisionist :- Smt Saraswati Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.,Shailesh Kumar Pathak Hon'ble Manjive Shukla,J. 1. Heard Sri B.R. Sharma, learned counsel appearing for the revisionist, learned Additional Government Advocate appearing for Opposite Parties No. 1 to 3 and Sri K.M. Gupta Advocate holding brief of Sri Shailesh Kumar Pathak, learned counsel appearing for Opposite Party No. 4. 2. The instant criminal revision has been filed challenging therein, the order dated 5.3.2024 passed by the learned Chief Judicial Magistrate, Siddharth Nagar in Case No. 258 of 2023 (State vs Sanjay Kumar) related to a case registered under Section 506 I.P.C. and Section 34(2) of the National Medical Commission Act, 2019 whereby, the application filed by the revisionist for release of Ultrasound machine had been rejected. 3. Learned counsel appearing for the revisionist has submitted that the learned Chief Judicial Magistrate, Siddharth Nagar, while passing the impugned order dated 5.3.2024, had categorically mentioned that since two accused were absconding therefore, at that stage the application for release of Ultrasound machine cannot be allowed. It has further been submitted that later on, all the accused of the crime in question have surrendered and have obtained bail and therefore, in the changed scenario, the revisionist once again presented an application for release of the Ultrasound machine in the court of learned Chief Judicial Magistrate, Siddharth Nagar but that application has not been taken on record. 4. Learned counsel appearing for the revisionist has vehemently argued that once in the impugned order dated 5.3.2024, the learned Chief Judicial Magistrate, Siddharth Nagar herself had stated that he refuses to allow the application for release of Ultrasound machine at this stage, then in the changed circumstances, a fresh application for release of machine can be filed and should be entertained by the court. 5. Learned Additional Government Advocate appearing for Opposite Parties No. 1 to 3 though has opposed this criminal revision but could not give any proper reply as to why, the fresh application filed by the revisionist for release of his Ultrasound machine cannot be considered and decided by the trial court. 6. Sri Shailesh Kumar Pathak, learned counsel appearing for Opposite Party No. 4 also does not have any serious objection, if this Court permits the revisionist to file a fresh application before the trial court for release of his Ultrasound machine and a direction is issued for considering and deciding the application in accordance with law. 7. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the trial court in its order dated 5.3.2024. had categorically mentioned that the two accused were absconding and therefore that was not a proper stage for considering and deciding the application for release of Ultrasound machine. For ready reference the relevant portion of the impugned order dated 5.3.2024 is extracted as under :- "5- पसततत मममलल मम ततन अभभयतकगण ससजय कत ममर, भपयसकम सहनत व डम० भवनय कत ममर सससह कल भवरद आररप पत नयमयमलय मम पलभषत भकयम गयम हह। सजसमम ममत अभभयतक ससजय कक जममनत नयमयमलय दमरम सवतकमर कक गयत हह, शलष दर अभभयतक कक जममनत अभत नहह हहआ हह। ऐसत सससभत मम पशनगत अलटट समउणड मशतन कर पमससरनत कक सतपतदरगत मम भदयल जमनल सल छलडछमड कक जम सकतत हह। वतरममन सतर पर अलटटमसमउणड मशतन ररलतज पमसरनम पत अवमतक भकयल जमनल यरगय नहह हह। पमससरनत कम पमसरनम पत भनरसत भकयम जमतम हह।" 8. This Court finds that the learned Chief Judicial Magistrate, Siddharth Nagar herself had refused to pass any order for release of Ultrasound machine in favour of the revisionist at that stage therefore, it is always open for the revisionist to file a fresh application in the changed circumstances and that application is bound to be considered and decided on its own merit. 9. In view of the aforesaid reasons, this criminal revision is disposed of with the liberty to the revisionist to file a fresh application before the learned Chief Judicial Magistrate, Siddharth Nagar for release of Ultrasound machine and if such application is filed, the same be considered and decided strictly in accordance with law, on its own merit. Order Date :- 4.3.2025 Gaurav Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad