Neutral Citation No. - 2025:AHC:116255 Court No. - 86 Case :- CRIMINAL REVISION No. - 3570 of 2025 Revisionist :- Anjani Kumar Dubey Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Krishna Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Krishna Kant Shukla, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 12.5.2025 passed by the learned Chief Judicial Magistrate, Mirzapur in the case (State Vs. unknown) whereby, the application filed by the revisionist for release of the vehicle bearing Registration No.UP70-EX-5344, had been rejected. 3. It has been contended on behalf of the revisionist that the sole ground taken by the learned Chief Judicial Magistrate, Mirzapur in the impugned order dated 12.5.2025 is that since no criminal case in the matter has been registered and the vehicle in question has not been seized in connection to any criminal case, he does not have jurisdiction to pass order for release of the vehicle in question. 4. Learned counsel appearing for the revisionist has argued that a Co-ordinate Bench of this Court in its judgment rendered in the case of Rakesh Kumar Vs. State of U.P. and another (Application U/s 482 No.7071 of 2022), had categorically held that in the cases of seizure of vehicle for violation of the provisions of The Mines and Minerals (Development and Regulation) Act, 1957 and the Uttar Pradesh Minor Minerals (Concession) Rules, 2021, even if the vehicle had been seized by the police authorities without registering any criminal case, the Magistrate having jurisdiction over the police station concerned, is empowered to pass order for release of the vehicle. Learned counsel appearing for the revisionist has further argued that the aforesaid law laid down by this Court in the case of Rakesh Kumar (supra) has not been considered by the learned Chief Judicial Magistrate, Mirzapur while passing the impugned order dated 12.5.2025 therefore, the order impugned in this criminal revision is not sustainable in the eyes of law. 5. Learned Additional Government Advocate appearing for the State has not disputed the law laid down by this Court in the judgment rendered in the case of Rakesh Kumar (supra). 6. I have considered the arguments advanced by the learned counsel appearing for the revisionist and I find that the vehicle of the revisionist bearing Registration No.UP70-EX-5344 had been detained by the police authorities in the police station concerned for violation of the different provisions of The Mines and Minerals (Development and Regulation) Act, 1957 and the Uttar Pradesh Minor Minerals (Concession) Rules, 2021. I further find that no criminal case has been registered and the vehicle in question has not been seized in connection to any criminal case. The Co- ordinate Bench of this Court in its judgment rendered in the case of Rakesh Kumar (supra) had laid down the law that even where a vehicle has been seized by the police authorities for any violation of the provisions of the law related to mines and minerals and the criminal case has not been registered, the Magistrate concerned having jurisdiction over the police station concerned can pass order for release of the said vehicle. This Court further finds that the learned Chief Judicial Magistrate, Mirzapur, while passing the impugned order dated 12.5.2025, has not considered the aforesaid law laid down by this Court in the case of Rakesh Kumar (supra). 7. In view of the aforesaid reasons, this Court finds that the impugned order dated 12.5.2025, passed by the learned Chief Judicial Magistrate, Mirzapur in the case (State Vs. unknown), is not sustainable in the eyes of law. 8. Accordingly, without entering into the merits of the case, this criminal revision is allowed. The order dated 12.5.2025, passed by the learned Chief Judicial Magistrate, Mirzapur in the case (State Vs. unknown), is hereby set aside. The matter is remanded to the learned Chief Judicial Magistrate, Mirzapur to consider and decide the application filed by the revisionist for release of his vehicle bearing Registration No.UP70-EX-5344 afresh, keeping in view the law laid down by this Court in the case of Rakesh Kumar (supra) expeditiously, preferably within a period of one month from the date of presentation of certified copy of this order. Order Date :- 17.7.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad