Allahabad High Court

SANDEEP YADAVversusSTATE OF U.P.

Decided: 27 April 2026
Bench: MANOJ BAJAJ

Holding

The revision petition is dismissed as it was not pressed and no application was filed by the vehicle’s registered owner.

Summary

The revisionist Sandeep Yadav filed a criminal revision challenging the order of the Special Judge that rejected his application for release of a seized vehicle. The trial court had dismissed the application under Section 451 of the Criminal Procedure Code because it was not filed by the vehicle’s registered owner. The revisionist’s counsel did not file a fresh application on behalf of the owner, stating that the petition would not be pressed. The High Court examined whether the revision could be entertained despite the lack of a proper application by the owner. Finding that the revisionist had not pressed the petition and no appropriate application was filed, the Court dismissed the revision. The order underscores that a revision cannot proceed without a duly pressed application by the rightful owner under the superdari provisions.

Issues considered

Can a revision petition be entertained when the application for release of a seized vehicle under Section 451 Cr.P.C. is not filed by the registered owner?
Does the failure to press the petition preclude the High Court from entertaining the revision?

Legislation cited

Code of Criminal Procedure, 1973 — s. 451
Indian Penal Code — s. 103, 1269, 140, 190, 191, 351

Subjects

revision
superdari
vehicle release
Criminal Procedure Code
Section 451
dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL REVISION No. - 1239 of 2026

                                    Sandeep Yadav
                                                                                              .....Revisionist(s)
                                                                      Versus

                                    State of U.P.
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Revisionist(s)                 :   Brij Kishor Singh
                                    Counsel for Opposite Party(s)              :   G.A., Ganesh Kumar

                                    Court No. - 85
                                                         HON'BLE MANOJ BAJAJ, J.

                                    Petitioner is aggrieved against the impugned order dated 14.11.2025
                                    passed by Special Judge (MP/MLA/Gangster Act/Additional District and
                                    Sessions Judge/Fast Track Court, First, Basti in Criminal Misc. Case
                                    No.0306 of 2025, arising out of Case Crime No.20 of 2025, under
                                    Sections 191(2), 191(3), 190, 140(1), 103(1), 1269(2), 351(3) BNS,
                                    registered at Police Station Harraiya, District Basti, whereby application
                                    seeking release of vehicle filed by the revisionist has been rejected by the
                                    trial court.

                                    Since the application for release of the vehicle under Section 451 Cr.P.C
                                    on 'superdari' was not filed by the accused- owner, therefore, learned
                                    counsel does not press this petition in order to move appropriate
                                    application before the trial court on behalf of the registered owner of the
                                    vehicle.

                                    Dismissed as not pressed.



                                                                                              (Manoj Bajaj,J.)
                                    April 28, 2026
                                    Raj




Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad

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