S M KATARIA Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C., seeking quashing of the order dated 13th April, 2007 passed by Metropolitan Magistrate and seeking direction to the SHO Police Station, Timarpur, Delhi to take custody of Maruti Van bearing no. DL-6C- E-6319 from the respondents no.1 and 2 and handover the same to the petitioner.

(2.) Brief facts of the case are that on 17th September, 2006, a robbery was committed in the factory of the petitioner. During investigation respondent no.2 was arrested, and in pursuance of his disclosure statement, Maruti Van was recovered from his possession. During pendency of the investigation, vide impugned order, the learned MM released the Maruti Van in favour of respondent no.1.

(3.) It is contended by learned counsel for the petitioner that the impugned order is illegal, since the Maruti Van was purchased by respondent no.1 after the commission of the robbery in the factory of the petitioner and sale consideration of Rs.85,000/- of the Maruti Van was paid by respondent no.2 from the looted money and he has accepted this fact in his confessional statement and as such respondent no.1 was not the bona-fide purchaser, so impugned order passed by the Magistrate be set aside and in support of his contentions learned counsel for the petitioner cited a case reported as Ashok Kumar. v. State, 26 (1984) Delhi Law Times, 82.