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2005 DIGILAW 2882 (RAJ)

Ram Ratan S/o Harji Ram v. State

2005-11-07

KRISHAN KUMAR ACHARYA

body2005
JUDGMENT 1. - Beard learned counsel for the parties and gone through the orders passed by both the courts below. Learned Magistrate has dismissed application under Section 457 Criminal Procedure Code. filed by the petitioner vide order dated 13.7.2005 stating inter alia that at this stage, the result of the investigation is not filed, therefore, the vehicle cannot be given on Supardginama to the petitioner. Learned Additional Sessions Judge, Bhadara also dismissed the revision petition filed by the petitioner vide order dated 1 1.8.2005. 2. Learned counsel for the petitioner argues that the petitioner is bona fide purchaser and registered owner of the said vehicle. He had purchased, the said jeep from Subhash Chandra on 12.12.2002. Learned Magistrate as well as learned Revisional court without considering this aspect has rejected the application of the petitioner and refused to hand over the vehicle to the petitioner. It is further stated that after receiving the result of the investigation, further order can be passed by the lower court as it was only for the interim custody. 3. Learned Public Prosecutor and learned counsel for the respondent have supported the orders passed by both the courts below and state that order impugned does not require any interference. 4. I have considered the rival arguments advanced by learned counsel for the parties. Learned Magistrate after detailed discussions of the evidence and after perusal of the record, rejected the application filed by the petitioner. The learned revisional court has also dismissed the revision petition filed by the petitioner. They are waiting for the report of FSL. The approach of the court below is not fair and reasonable. The petitioner is said to be bona fide purchaser of the said vehicle as he has purchased it from Subhash Chandra on 12.12.2002 and Subhash Chandra has purchased the said vehicle from Ishpak which is said to be in dispute. Looking to all the facts and circumstances of the case, the orders passed by both the courts below are quashed and set aside and the matter is remanded back to learned Magistrate with a direction that he will decide the application filed by the petitioner afresh on merit in accordance with the law within a period of 15 days from the date of receipt of this order. If FSL report is required in this matter by learned Magistrate, he may direct the Investigating Officer to call for the FSL report and if the same is not received within the stipulated period, he will decide the application in accordance with the law. Both the parties are free to raise all the objections which have been raised in this misc. petition under Section 482 Criminal Procedure Code. before the court below. 5. With the above said direction and observation, the misc. petition is disposed of.Petition disposed of. *******