Hemant Kumar Goel v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39283 of 2023 Applicant :- Hemant Kumar Goel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- A.K.S.Parihar,Birendra Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2By moving this application u/s 482 Cr.P.C., the prayer is made to set aside the order dated 29.8.2023 passed by learned Additional Chief Judicial Magistrate, Hamirpur in Case No.1335 of 2023 (Hemant Kumar Vs. State of U.P.), under sections 213(5) (e) Motor Vehicle Act, Police Station Biwar, District Hamirpur and issue a direction to the opposite party no.2 to release the vehicle of the applicant.

¶3Submission of learned counsel for the applicant is that from perusal of the impugned order dated 29.08.2023, it appears that there is no narration of the case of the complaint to which the learned ACJM, Hamirpur has applied his mind. Further submission is that the order impugned passed by the trial court is bad in the eyes of law, hence, the order impugned is liable to be set aside needs to remanding the matter to the trial court to decide afresh after passing speaking and reasoned order. He also submits that no satisfaction has been recorded by concerned Magistrate while passing the impugned order.

¶4Learned AGA has opposed the prayer but could not dispute the aforesaid facts.

¶5From a bare perusal of the impugned order, it reflects that there is nothing which may indicate that learned Magistrate had even considered facts of the case in hand before passing the impugned order. Impugned order clearly lacks the reflection of application of judicial discretion or mind. Nothing is there which may show that learned Magistrate, before passing of the order under challenge had considered facts of the case and evidence or law. Therefore it appears that, in fact, no judicial mind was applied before the passing of impugned order. Such order cannot be accepted as a proper legal judicial order passed after following due procedure of law.

¶6Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, the order impugned dated 29.8.2023 is cryptic one and lacks application of mind on the part of the ACJM concerned, the continuance of which is tantamount to abuse of process of Court.

¶7Hence, the impugned order dated 29.8.2023 is hereby set aside. The matter is remanded back to the trial court concerned to decide the matter afresh in accordance with law, within a period of one month from the date of production of certified copy of this order.

¶8With the above direction the application under section 482 Cr.P.C. is disposed of finally. Order Date :- 22.11.2023 Shiv High Court of Judicature at Allahabad