ANISA BEGUM Vs. MASOOM ALI

JUDGEMENT

(1.) The facts relevant to the decision of this petition succinctly are that Zamir Ahmed, deceased husband of the petitioner, was a motor mechanic and was having his place of work near Inter-State Bus Terminal, Delhi. He used to repair shock absorbers and do other auto jobs in the repairs of motor vehicles etc. and he had kept his goods including shock absorbers, tools and implements in a box at the place of his work. He died on 7th March 1983 under misterious circumstances as bodies of both Zamir Ahmed and his son Anis Ahmed aged about 19 years were found floating in river Yamuna. On 20th December, 1983, the petitioner lodged a report with the Assistant Commissioner of Police, Sadar Circle, Delhi that the respondent, who is younger brother of her deceased husband, had stolen all the articles viz. shock absorbers, tools and implements etc. of her deceased husband by removing the box containing the same from the place of work of the deceased to his own house at 1074, First Floor, Kishanganj (Teliwara). A case was registered being FIR No. 745/83, Police Station Kashmere Gate, under S. 379 Indian Penal Code (hereinafter referred to as 'IPC') against the respondent on the basis of the said report and search of the aforesaid house of the respondent was effected on 22nd December, 1983. As a result of the house search of the respondent, 170 big sized shock absorbers, 30 small sized shock absorbers, some tools and implements and the box containing the goods etc. were recovered and seized by the Police. On completion of the investigation the police filed a charge-sheet against the respondent on 9th June, 1984.

(2.) The respondent moved an application dt. 26th September 1984 for return of the seized goods to him contending that he was rightful owner thereof and the same had no connection whatsoever with the alleged theft. He also pointed out that there was likelihood of the said goods being damaged in the event of the trial protracting over a long period and he would suffer irreparable loss on that account. The said request was opposed by the complainant-petitioner, who asserted that the goods in question belonged to her deceased husband Zamir Ahmed and had been stolen by the respondent from the place of his work taking advantage of her helplessness.

(3.) The learned Magistrate vide order dt. 28th November, 1984 rejected the application of the respondent and directed that the articles be released to the complainant Smt. Anisa Begum on her furnishing Superdaginama in the sum of Rs. 5,000/-. Feeling aggrieved the respondent went in revision in the Court of Session. It was heard by an Additional Sessions Judge who vide impugned order dt. 8th February, 1985 set aside the aforesaid order of the Metropolitan Magistrate and directed that the seized articles be returned to the respondent-Masoom Ali. Hence, this revision petition by the complainant-petitioner against the aforesaid order of the Additional Sessions Judge.