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2010 DIGILAW 563 (ALL)

MOHAMMAD MASHKOOR v. STATE of U. P.

2010-02-11

ALOK K.SINGH, R.M.CHAUHAN

body2010
JUDGMENT As is apparently clear from the order of learned Lower Court, the Magistrate has clearly held in his order that if he will record any finding then it may not be admissible in evidence because the matter as prayed by the applicant/revisionist pertains to the jurisdiction of the Civil Court on adjudicating the genuineness of the title of a motor vehicle property. 5. Apparently, the prayer as advanced in the application dated 2.12.2003 is not within the scope and jurisdiction of the Criminal Court as covered under section 243 Cr.P.C., the applicant/revisionist may himself approach the appropriate authority, may be the Civil Court or the Transport Department and himself obtain a certificate of title in respect of the vehicle as alleged and has liberty to file the same before the Criminal Court in his defence but he cannot compell the Criminal Court to enquire into the validity of the title by allowing expert to examine and take photographs of the signatures and then to give a finding, as to whether the signatures of the seller as alleged are genuine or not. The matter, is, therefore, not within the purview and jurisdiction of the Criminal Court, the order passed by the learned Lower Court does not appear to suffer from any error, irregularity or illegality. The revision has no force in itself and is, accordingly rejected. Revision Rejected.