SANJEEV SHARMA Vs. STATE OF DELHI AND ORS.

JUDGEMENT

(1.) SANJEEV Sharma, the Petitioner herein, vide this petition under Section 482 Code of Criminal Procedure has prayed for quashing of impugned order of the learned Additional Sessions Judge dated 22nd July 2009 in criminal revision whereby he set aside the order dated 8th April 2009 passed by learned M.M. and directed Car No. DL9CD -2438 to be released on superdari in favour of Respondent No. 2.

(2.) BRIEFLY stated, facts relevant for the disposal of this petition are that on 17th May 2004 Respondent No. 2 R.K. Gupta, who is the registered owner of Car No. DL 9CD -2438(Maruti Zen) filed a complaint at P.S. Paschim Vihar claiming that the aforesaid car belonging to him has been stolen from B -3/472, Paschim Vihar on 22nd May 2003. On the basis of said complaint, formal FIR No. 377/2004 under Section 379 IPC was registered at P.S. Paschim Vihar.

(3.) BOTH the Petitioner as well as Respondent No. 2, claiming themselves to be the owner of the car in question, moved applications under Section 451 Code of Criminal Procedure for release of the car in their respective favour on superdari. The learned M.M., vide his order dated 8th April 2009 observed, "since both the parties are claiming ownership qua stolen vehicle, it would be appropriate for the parties to get the declaration from the Civil Court regarding their title towards the stolen vehicle. Hence, both the application stands dismissed. "Thereafter he listed the case for 16th May 2009 for consideration of an application under Section 91 Code of Criminal Procedure moved by Respondent No. 2 (complainant) as also the protest petition filed by the complainant against the closure report.