BINU PAUL Vs. BABURAJ

JUDGEMENT

(1.) By order dated 20.7.2000, this court disposed of the above Crl. M. C. directing the learned Judicial First Class Magistrate, Muvattupuzha to give custody of the vehicle bearing registration No. KBF 6163 to the petitioner.

(2.) The first respondent filed the above Crl. M.P. under S.482 CrPC. to recall the above order and to dispose of the matter afresh, as according to him, the above order was passed without jurisdiction as no Crl. M. C. is maintainable against an order passed under S.452 CrPC.

(3.) The petitioner Babu Raj filed Crl. M. C. No. 2839/99 for custody of the bus bearing registration No. KBF 6163. The first respondent filed a complaint before the Judicial First Class Magistrate alleging that Baburaj and one Rajesh committed robbery of the bus from the limits of Muvattupuzha Police Station. Crime No. 82/96 was registered against them under S.392 IPC. The bus was taken custody by the police from Baburaj. Later the Police submitted a refer report. The court dismissed the case and the bus was ordered to be released to the registered owner and not to the accused. Hence, Babu Raj filed Crl. M. C. 2839/99 for release of the vehicle to him under S.452 CrPC. This court allowed the Crl. M. C. by the impugned order. Hence the above petition has been filed by the respondent.