JUDGMENT 1. - The petitioner Oriental Insurance Company has presented the present petition under section 482 Cr.PC alleging that one Subhash Chandra Goyal had got insured Fiat Car Premier Padwini bearing Registration No. HYJ 34 from the petitioner's Jind Office for the period from 5th May, 1986 to 4th May 1987. On 9th June 1986 Atarsingh, who was driver of this car, boarded Subhash Chandra Goyal owner of the car outside gate No. 3A of Appughar on Mathura Road, Delhi. Atar Singh went away to quench his thirst at gate No 4. When he returned, he did not find the car. He, therefore, lodged a first information report at Police Station Tilak Marg, New Delhi upon which a Crime Case No. 210 of 1986 was registered. The Police gave a final report stating that the car remained untraced. Subhash Chandra Goyal submitted his claim to the petitioner Company in respect of the theft of the car. The petitioner company after verification of the claim paid an amount of Rs. 71,000/- to the insured Subhash Chandra Goyal and obtained a subrogation letter dated October 28, 1986 and a receipt in respect of the payment of Rs. 73,000/- to Subhash Chandra Goyal. 2. The petitioner Company came to know that this car had been seized by the Police at Jodhpur and he came to know that this Court had by its order dated October 27, 1987 in S.B. Criminal Miscellaneous Application No. 209 of 1987 ordered the car to be landed over to the non-petitioner No. 2 Asha Ram Sharda. The petitioner had claimed that the car should be handed over to him because it had paid the insured amount to the real owner of the car and had obtained a subrogation letter in his favour. 3. Notice of the application was given to the Public Prosecutor and to Asharam Sharda. It was contended on behalf of non-petitioner No. 2 that he had purchased this car from Omprakash for a consideration of Rs. 50,000/- and its previous Registration No. was CIF 1754. 4. When this Court had passed the order dated October 21, 1987, no challan had been filed by Police Station Shastrinagar Jodhpur in respect of the theft of the car or for any other offence. 50,000/- and its previous Registration No. was CIF 1754. 4. When this Court had passed the order dated October 21, 1987, no challan had been filed by Police Station Shastrinagar Jodhpur in respect of the theft of the car or for any other offence. The learned Public Prosecutor states that now challan has been filed in December 1987 in the Court of the Additional Chief Judicial Magistrate No. 1, Jodhpur against Omprakash and others for offences under sections 379, 411 and also for some other offence. In such circumstances, the car has become a case property in relation to that criminal case. The order of disposal made on October 27, 1987 needs a variation in the interest of justice and to prevent the abuse of the process of the court. The variation needed if that Asharam Sharda will execute a personal bond of Rs. 75,000/- with one surety of the like amount to produce the Fiat car bearing Chassis No. 369932 and Engine No.310607 and bearing the present registration No. RNN 6046 before the court of the Additional Chief Judicial Magistrate No. 1, Jodhpur whenever called upon to do so. The Additional Chief Judicial Magistrate No. 1 Jodhpur will be entitled to pass final order for disposal of this car on the conclusion of the trial by him and at that time it will take into consideration the claim of the petitioner Company and of Asharam Sharda when making find order with regard to the disposal of this car. In case Asharam Sharda fails to execute the bond as directed above, the Additional Chief Judicial Magistrate No. 1, Jodhpur will immediately get the car seized and keep in Court custody. Non-petitioner No. 2 is granted a fortnight's time to furnish the above security. To this extent the order passed by this Court in S.B. Criminal Miscellaneous Application No. 209 of 1987 dated October 27, 1987 is modified. The custody henceforth of the car with the non-petitioner No. 2 will be treated as custody under section 451 Criminal Procedure Code. Final order regarding its disposal will be made by the Additional Chief Judicial Magistrate No. 1, Jodhpur under section 452 Criminal Procedure Code on the conclusion of the trial. The Criminal Miscellaneous Petition No. 100 of 1983 is disposed of accordingly.Order accordingly. *******