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2004 DIGILAW 1728 (SC)

UNITED INDIA INSURANCE CO. LTD. v. ARWISH C. MARAK

2004-12-07

B.P.SINGH, N.S.HEGDE, S.B.SINHA

body2004
ORDER 1. Heard learned counsel for the parties. 2. Leave granted. 3. Pending investigation in PS Case No. 18(2)03 under Section 468 read with Section 34 IPC, the District Magistrate, West Garo Hills, Tura District, Meghalaya by his order dated 20-6-2003 directed the release of two vehicles ML 08-8902 and DL 7CB-4420 to be handed over to the Inspector of Police, Anand Vihar Police Station, New Delhi who was investigating in theft of the said cars. This order was challenged by Respondent 1 in revision petition before the Gauhati High Court, Shillong Bench, which by its order dated 27-6-2003 set aside the said order of the Magistrate and directed the Magistrate to hand over the custody of the vehicle in favour of the first respondent. 4. This order of the High Court is challenged in this appeal. Learned counsel appearing for the appellant submitted that the handing over of the possession of the vehicle to the first respondent claimant by the High Court at an interlocutory stage amounts to allowing the revision petition itself. Hence the same could not have been done, more so, on the background of the fact that maintainability of the revision petition before the High Court itself is under question. 5. Having heard learned counsel for the parties, we are of the opinion that the High Court ought not to have further handed over the possession of the vehicle under question to the first respondent until the ownership of the said vehicles was duly established in a proper manner, that too at interlocutory stage. For the reasons stated above this appeal is allowed. The impugned order of the High Court is set aside and that of the Magistrate is restored. The High Court will now consider the question of maintainability of the revision petition before it and decide the revision petition in accordance with law. 6. Learned counsel appearing for Respondent 4 Delhi Police submitted that in view of the interim order made by the High Court, the Delhi Police are now prevented from investigating the case in Meghalaya. In view of this order of ours, we do not think the Delhi Police now can have any hindrance in continuing their investigation. Therefore, no further orders in this regard are necessary.