HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4225 of 2025 Court No. - 86 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the revisionist, learned AGA for the State and perused the record. 2. This criminal revision has been preferred against order dated 14.5.2025 passed by Special Judge (E.C. Act)/ Additional Sessions Judge, Court No.4, Moradabad in Case No. 150 of 2025, case crime no. 123 of 2025, under sections 303(2), 111, 317(2) of BNS and 136 Electricity Act, P.S.- Civil Lines, District- Moradabad whereby the application for release of vehicle no. UP23 AT 3510 moved by the revisionist being registered owner was rejected on the ground that the said vehicle was used in the commission of crime. 3. Learned counsel for the revisionist submitted that the revisionist is the registered owner of the aforesaid vehicle. It is further submitted that the transformers of the electricity department were stolen by some unknown persons on 13.1.2025 and subsequently on 5.2.2025 the said transformers were said to be transported by the aforesaid vehicle and during investigation four accused persons were arrested by the police. It is further submitted that now the said transformers have been released but the vehicle is still detained by the police and it is lying unnecessarily in the police station. It is further submitted that the revisionist had given the said vehicle on rent. It is further submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. 4. Placing reliance on the decision of the Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Hon'ble Apex Court has held that "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by Versus Counsel for Revisionist(s) : Salma Bano, Sheeba Rizvi Counsel for Opposite Party(s) : G.A. Kashif Zaidi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that revisionist is willing to fulfill all conditions imposed upon him for release of the vehicle in question. 5. On the other hand, leaned AGA submitted that since vehicle in question was involved in transportation of stolen transformers, the Court concerned while rejecting the release application has not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 7. From a perusal of the record it reveals that the revisionist is the registered owner of the vehicle in question. The concerned Court was not justified in rejecting the application for release of the vehicle in question in favour of its registered owner. By passage of time, the vehicle is likely to become junk and its purpose would frustrate. In these circumstances, the criminal revision is liable to be allowed and the impugned order is liable to be set-aside. 8. Accordingly, the Criminal Revision is allowed and the impugned order dated 14.5.2025 passed by Special Judge (E.C. Act)/ Additional Sessions Judge, Court No.4, Moradabad in Case No. 150 of 2025, case crime no. 123 of 2025, under sections 303(2), 111, 317(2) of BNS and 136 Electricity Act, P.S.- Civil Lines, District- Moradabad is set-aside. The concerned Court is directed to release the aforesaid vehicle in favour of its registered owner on furnishing adequate security to his / her satisfaction by imposing conditions upon the revisionist. September 10, 2025 safi CRLR No. 4225 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad