Short Note : 1. Misc. Criminal case No. 277/78 has been filed by Parmanand against an order dated 1st May 1978 passed by the 8th Additional Sessions judge. Indore in Criminal Revision No. 36/78 and Misc. Criminal case No. 657 of 1978 has been filed by the other brother Badrilal against the order dated 2-9-78 passed by the Judicial Magistrate First Class, Indore. By these applications, both the brothers viz, Parmanand and Badrilal are claiming custody of the mini-truck, which is the subject matter of the main criminal litigation. 2. Held; Admittedly, the challan has been filed before the learned Magistrate in October 19/8 The short question involved in both the present cases is whether interim custody of the seized truck before the decision of the case on merit, should be given to either party and, if so to whom. The decision reported in Nanne Mal v. Sher Mohammad Khan (1976 Cr. LJ 1783) has admittedly been overruled by the decision reported in Ajaysingh Nathilal and others (1978 Cr. LJ 629) according to which interim custody could be ordered by the Magistrate even though challan has not been filed. Similar is the view expressed in the decision reported in State' of MP. v. Narayan Singh ( 1971 JLJ 803 ). 3. Without expressing any opinion regarding the merits of the case, prima-facie, it is not in dispute that the disputed truck stands registered in the name of Parmanand in the R. T. O. Ujjain. Therefore prima-facie, the ownership of the truck, as per registration certificate, being in the name of applicant Parmanand, he has the right to hold possession of the truck till the dispute between the parties is finally decided. The learned Magistrate had the jurisdiction to pass suitable orders with respect to the interim custody of the truck till the disposal of the criminal proceedings pending before him. Therefore, considering the facts and circumstances of the case as they appear today, I am of opinion that applicant Parmanand is entitled to the interim custody of the disputed truck till the main criminal case is finally disposed of on marits. 1978 Cr. LJ 629 and 1971 JLJ 803 relied on. Application of Parman and allowed.