Neutral Citation No. - 2025:AHC:140454 HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.27) Court No. - 78 Case :- APPLICATION U/S 482 No. - 2994 of 2025 Applicant :- M/S. Dsa Trans Company Through Its Director Mr. Daman Dewan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Anubhav Mishra holding brief of Shri Dhiraj Singh, learned counsel for the applicant and Shri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking a direction to the Sub Divisional Magistrate, Tehsil Sambhal District Sambhal/respondent no. 3 to register the case and expedite the Case No. Nill of 2024 under section 457 Cr.P.C. police station Hayat Nagar District Sambhal within a stipulated period. 3. Learned counsel for the applicant submits that the applicant is a Transporter and was carrying 42 motor cycles in a Truck which was stolen and with regard to the same an FIR was registered being Case Crime No. 338 of 2023. Subsequently, 41 motor cycles and the Truck was recovered by the police. Thereupon an application was moved by the applicant herein under section 457 Cr.P.C. before the Incharge C.J.M. Sambhal regarding release of the Truck and 41 motor cycles, which was allowed vide order dated 9.10.2023. The remaining one more motor cycle was found within the jurisdiction of police station Hayat Nagar and coming to know about this, the applicant has moved another application for the release of the said motor cycle before the Civil Judge (S.D.), Sambhal at Chandausi. However, the said application was rejected vide order dated 27.2.2024. Therefore, learned counsel for the applicant submits that since out of 42 motor cycles 41 motor cycles have already been released in favour of the applicant, the said motor cycle be also released in favour of the applicant in accordance with law. 4. In view of the above, the instant application is disposed of with a direction to the concerned court to consider the application of the applicant afresh looking at the previous order dated 9.10.2023 and after verifying the ownership of the motor cycle in question and the rights of the applicant herein and shall pass appropriate orders with regard to release of the said motor cycle in favour of the applicant. Order Date :- 18.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad