Neutral Citation No. - 2025:AHC:102940-DB Court No. - 21 Case :- WRIT - C No. - 20422 of 2025 Petitioner :- Amitrajit Sandhu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the writ petition:- (i) to issue a writ, order or direction in the nature of mandamus directing the respondents no. 2, 3 and 4 to execute the order dated 10.6.2025 passed by Chief Judicial Magistrate, Bijnor in Case Crime No. 40 of 2025 (State vs. Sunil and others) under sections 303(2), 317(2), 274, 275, 3(5) of BNS, 2023 and Section 60/72 of Excise Act, Police Station Rehad, District Bijnor. (ii) Any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and perused the material on record. 3. A perusal of averment made in the writ petition reveals that the petitioner seeks a writ of mandamus whereby respondents no. 2 to 4 may be directed to execute the order 10.6.2025 passed by Chief Judicial Magistrate, Bijnor in the aforesaid criminal case registered as Case Crime No. 40 of 2025, Police Station Rehad, District Bijnor whereby the vehicle seized in said case has been directed to be released in favour of applicant Karan Singh of which the petitioner is registered owner. 4. The grievance of the petitioner is that inspite of said release order, the SHO concerned has not released the said vehicle as yet. The vehicle in question is tanker bearing registration No. UP22T5490. Even the accused Guddu has been granted bail vide order dated 10.6.2025 by Additional Sessions Judge, court no. 4, Bijnor in said case. 5. From perusal of record it appears that the Collector, Bijnor has informed the Chief Judicial Magistrate, Bijnor by letter dated 28.5.2025 that confiscation proceedings can be initiated at the instance of police station concerned and no action is desirable at the level of the Collector. 6. The relief sought is not liable to be granted in present writ petition if the SHO concerned has failed to execute the order passed by Chief Judicial Magistrate. The Chief Judicial Magistrate can call for a compliance report under section 349 Cr.P.C. (section 388 BNSS) and invoke criminal proceedings against the police officer who is directed by the court below to release the vehicle. The court concerned is also within jurisdiction to refer a contempt under Contempt of Courts Act to this court after issuing show cause notice to SHO concerned if he has failed to comply with the court's order and it is needless to say that law will take its own course. The court below may also invoke its jurisdiction under section 29 of Police Act. It is needless to say that it is bounden duty of the court to take every steps to implement its order, provided there is no legal impediment. 7. Accordingly, the instant petition stands disposed of with above observations. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad