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2005 DIGILAW 82 (ORI)

Urmila Das v. State of Orissa

2005-01-28

A.K.SAMANTARAY

body2005
ORDER 28.1.2005 — Heard learned counsel for the petitioner as well as the learned Addl.Government Advocate. This application u/s. 482, Cr.P.C. has been filed for re¬lease of a LML Freedom Motor cycle bearing registration No. OR-05-Q-4062 which was seized by the OIC, Niali Police Station in connection with Niali P.S. Case No.115 of 2004 corresponding to G.R. Case No.791 of 2004 pending in the Court of J.M.F.C. (R), Cuttack. This matter was heard twice earlier and after production of Case Diary it is found that one of the accused namely Akshya Das involved in the case for the offence under Sections 302, 364, 201, 120-B/34, IPC was riding the motor cycle earlier and for that by the impugned order dated 1.11.2004, learned Magistrate before whom a petition u/s. 457, CrPC was filed for release of the said motor cycle in favour of the petitioner who is the owner of the motor cycle the learned Magistrate on the ground that the motor cycle may be required for the purpose of identification rejected the petition for release of the motor cycle in her favour. It is submitted by learned Addl. Government Advocate that as it appears from the C.D. that one Tata Sumo vehicle was used at the time of commission of the alleged offences and not this motor cycle which has been seized and this motor cycle is in no way connected in the offences alleged to have been committed by the accused persons in that G.R. Case. Regard being had to the above submission, I find no good reason to sustain the impugned order dated 1.11.2004 passed by the learned J.M.F.C. (R), Cuttack and as such I set aside the same and direct that the said LML Freedom Motor Cycle bearing registration No. OR-05-Q- 4062 be released in favour of the petitioner Urmila Das who is the admitted owner of the motor cycle on execution of an appropriate zimanama on condition that she would not tamper with the engine number and registration no. and shall not change the colour of the motor cycle and shall produce the same as and when required by the Court. At the time of release of the motor cycle the learned Magistrate would do well to get himself satisfied about the ownership of the peti¬tioner over the said motor cycle. The CRLMC is disposed of accordingly. UCC of the order be granted on proper application. At the time of release of the motor cycle the learned Magistrate would do well to get himself satisfied about the ownership of the peti¬tioner over the said motor cycle. The CRLMC is disposed of accordingly. UCC of the order be granted on proper application. CRLMC disposed of.