RAMESH KUMAR THAKUR Vs. SUSHANT CHANDRA DEY

JUDGEMENT

(1.) BEING aggrieved with the order dated 14.12.2004 passed in Criminal Revision No. 104/2004 by the 9th Addl. Sessions Judge (F.T.C.), Raipur, the Petitioner has invoked the inherent jurisdiction of this Court. The aforesaid revision was filed against an order dated 04.3.2004 passed by the Judicial Magistrate, First Class, Raipur, in M. J.C. No. 7/2004 whereby an application for releasing the seized vehicle on Suprudnama filed by the Applicant was dismissed by the Magistrate and simultaneously it has been directed to be released in favour of Respondent No. 1 in M.J.C. No. 271/2003.

(2.) THE brief facts are that a Maruti Esteem Car bearing Regn. No. C.G.04 ZP 3683 (old No. M.R 23/L-8149) was seized during the course of investigation of Crime No. 345/2003 registered at RS. Tikarapara, Raipur, for the offence punishable under Sections 420 and 406 IPC. THEreafter, the original registration book of the vehicle was seized from the possession of the Petitioner and a duplicate registration book was also seized from the possession of Respondent No. 1.

(3.) THE case of the Respondent No. 1 is that he purchased this vehicle for Rs. 1,50,000/- through M/s. C.G. Motors, Raipur and on the strength of transfer of his name in the duplicate registration book on 08.9.2003 (Annexure P-8), he became the registered owner. He is a bona fide purchaser and he was not knowing about the history of the vehicle and in all bonafide belief, he is holding the possession the of the vehicle.