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2002 DIGILAW 1429 (RAJ)

Shyam Lal v. State of Rajasthan

2002-08-14

F.C.BANSAL

body2002
JUDGMENT 1. - Briefly stated, the facts of the case are that a case under Section 448 IPC was got registered against the petitioner by Mohan Lal Sabu. It was alleged in the FIR that garage belonging to the petitioner - Shyamlal was taken on rent by him. During his absence, his landlord Shyamlal locked the garage and thereby committed offence under Section 448 IPC. In the course of investigation, the police seized a car which was found in the garage and locked the garage. On completion of investigation, a chargesheet was laid against the petitioner in the competent court. Thereafter the petitioner moved an application in the trial court with a request to unlock the garage and hand over the possession to him but the trial court has declined to grant relief. Being dissatisfied with this order, the petitioner has filed this criminal Misc. Petition under Section 482 Cr.RC. 2. Notices were issued to the respondent No. 2 Mohan Lal Sabu, but, the refused to take notice and therefore, the service is complete. 3. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material on record as well as the impugned order. 4. As per FIR lodged by the respondent No. 2 Mohan Lal Sabu, the possession of the garage was with the petitioner and therefore the investigating officer had no powers to lock it. The action of the investigating officer is illegal. If the petitioner had occupied the garage illegally, the respondent No. 2 Mohan Lal Sabu could have filed a civil suit for ejectment and possession of the garage against the petitioner but no such action was taken by Mohan Lal Sabu. The case of the petitioner is that respondent - Mohan Lal Sabu himself had vacated the garage and handed over its possession to him. In view of the aforesaid facts and other circumstances of the case, the misc. petition deserves to be allowed. 5. The petition filed by petitioner - Shyam Lal is allowed. The Station House Officer, Nahargarh Road (Jaipur City), Jaipur is directed to unlock the garage and handover its possession to the petitioner - Shyam Lal. The respondent No. 2 would be at liberty to file a civil suit against the petitioner for ejectment and possession of the garage with the application of temporary injunction. If the trial court (Addl. Civil Judge (Jr. The respondent No. 2 would be at liberty to file a civil suit against the petitioner for ejectment and possession of the garage with the application of temporary injunction. If the trial court (Addl. Civil Judge (Jr. Div.) & Judicial Magistrate No. 16, Jaipur City, Jaipur) where the criminal case is pending, finds the petitioner guilty under Section 448 Code of Criminal Procedure, an appropriate order for the possession of the garage may be passed by the trial court.Misc. Petition allowed. *******