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Rajesh Kumar v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4238 of 2006 [2006] RD-AH 8624 (28 April 2006)


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Court No.43

       Criminal Misc. Writ Petition No. 4238 of 2006

     Rajesh Kumar vs. State of U.P. & others

Hon. K.N. Sinha, J.

Heard the learned counsel for the petitioner and learned A.G.A.

The present writ petition has been filed on behalf of the petitioner for quashing the order dated 3.3.2006 passed by Additional Sessions Judge, Basti and order dated 20.1.2006 passed by Chief Judicial Magistrate, Basti, arising out of case crime no. 997 of 2005.  From the affidavit, it transpired that truck no. UP-65-R-0977 was seized with 400 bags of NPK fertilizer.  The driver told that this fertilizer was brought for delivery to Shriram Beej Bhandar but when the shop of Shriram Beej Bhandar was raided, the owner absconded.  It was sealed by the Sub Divisional Officer, Additional District Agriculture Officer and Station House Officer, Purani Basti.

The petitioner moved an application before the Chief Judicial Magistrate, Basti for opening of the said lock of the sealed shop, which was rejected.  The revision against the said order has also been dismissed.  The learned counsel for the petitioner has submitted that the petitioner has no concern with the fertilizer kept in the said truck and his shop must be opened.  

There is no instruction, as stated by the learned A.G.A.  The petition cannot be kept pending for indefinite period.  Consequently, the writ petition is allowed and order dated 3.3.2006 passed by the Additional Sessions Judge, Court No.7, Basti in Criminal Revision No. 59 of 2006 (Rajesh Kumar vs. State of U.P. & others) and order dated 20.1.2006 passed by the Chief Judicial Magistrate, Basti are set aside.   A writ in the nature of mandamus is issued directing the respondents to open the lock of shop in question and permit the petitioner to operate his business.    

Dt. 28.4.2006.



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