BHANVARLAL CHAMPALAL KANUNGA Vs. DESAI SURESHKUMAR SHANTILAL SHAH

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for an appropriate order quashing and setting aside the order passed by the learned Additional Sessions Judge, Mehsana dated 11.01.2007 in Criminal Revision Application No. 111 of 2005 confirming the order passed by the learned Chief Judicial Magistrate, Mehsana dated 14.12.2005 passed in Inquiry Case No.23 of 2005 with respect to Muddamal Scorpio Car, by which possession of the Muddamal Scorpio Car has not been handed over to the petitioner.

(2.) The petitioner is the complainant who has filed the complaint being C.R.No. 27 of 2005 before the Unjha Police Station for the offence punishable under Sections 384, 386, 507 read with Section 120B of the Indian Penal Code against respondent Nos. 1 to 4 herein. It appears from the record that during the course of the investigation currency notes as well as Muddamal-Scorpio Car were recovered and the petitioner original complainant submitted an application for handing over of Muddamal of currency notes of Rs.4,60,000/- as well as Scorpio Car.

(3.) Learned Chief Judicial Magistrate by his judgment dated 14.12.2005 passed an order handing over of the Muddamal currency notes of Rs.4,60,000/- to the applicant. However, considering the fact that there is no evidence that Scorpio Car is purchased by the accused from the ransom amount, the learned Chief Judicial Magistrate did not grant the prayer of the petitioner to hand over the Muddamal Scorpio Car. Being aggrieved and dissatisfied with the order passed by the learned Chief Judicial Magistrate, Mehsana dated 14.12.2005 in not handing over possession of the Muddamal Scorpio Car, the petitioner preferred Criminal Revision Application No. 111 of 2005 before the learned Additional Sessions Judge, Mehsana and the learned Additional Sessions Judge, Mehsana, by his impugned order dated 11.01.2007 dismissed the said Revision Application confirming the order passed by the learned Chief Judicial Magistrate, Mehsana. Being aggrieved and dissatisfied with the same, present Special Criminal Application has been filed under Article 226 and 227 of the Constitution of India.