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High Court of DelhiW.P.(CRL)/1013/2025

Manoj Kumar Sahu v. State Of NCT Of Delhi & ANR.

2025-04-01Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1013/2025 MANOJ KUMAR SAHU .....Petitioner Through:

Mr. Anuj Ranjan, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC for State with Mr. Ashvini Kumar, Mr.

Nitish Dhawan, Ms. Chavi and Ms. Sanskriti, Advs. along with IO.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 01.04.2025 CRL.M.A. 9679/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 1013/2025 3.

This petition under Article 226 of the Constitution of India with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed on behalf of the petitioner seeking direction against the respondents for release of petitioner's commercial taxi vehicle bearing registration no. DL- 1RT 5872 seized by Police in FIR bearing No 0197/2024 under Section 33/58 Delhi Excise Act 2009 PS Delhi Cantt.

4.

The learned counsel for the petitioner submits that vide order dated 24.08.2024, the learned Judicial Magistrate First Class, Patiala The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:34:11

House Courts had passed order for release of the vehicle to the petitioner on superdari, subject to certain conditions. He submits that the vehicle is yet not released to him.

5.

Mr. Amol Sinha, Learned ASC appearing on advance notice, submits that there is an inadvertent error in the order dated 24.08.2024 passed by learned Magistrate as the directions have been issued to the IO and SHO of the police station to release the vehicle whereas the vehicle is in the possession of the Excise Authorities and therefore, a revision petition has been moved before the learned Sessions Court to seek the said corrections.

6.

In view of the above, the learned counsel for the petitioner submits that the IO be directed to furnish him the copy of the revision petition as well the next date of hearing before the learned Sessions Court.

7.

The IO undertakes to provide the copy as well as the intimation about the next date of hearing in due course of the day. 8.

In these circumstances, learned counsel for the petitioner submits that he wishes to withdraw the present petition with liberty to file afresh, if required.

9.

Permission and liberty granted.

10.

Accordingly, the present petition is dismissed as withdrawn. SHALINDER KAUR, J APRIL 1, 2025/ss/kp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:34:11