(1.) By way of this petition under Article 227 of the Constitution of India, the applicant original accused has prayed for an appropriate Writ, direction and order quashing and setting aside the order dated 06.10.2006 passed by the Judicial Magistrate First Class (J.M.F.C.), Gandhidham, Kutch in Criminal Case No. 2040 of 2006 by passing an order of handing over Muddamal vehicle to respondent No.2 herein and also the order dated 30.03.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Gandhidham in Criminal Revision Application No. 63 of 2006 in dismissing the said Revision Application.
(2.) That respondent No.2 herein has filed/lodged FIR being C.R.No.I 73 of 2006 before Adipur Police Station against the petitioner for the offences punishable under Sections 406 and 420 of Indian Penal Code with respect to the vehicle in question being No.GJ-10-A-781. During the investigation of the said FIR, Police has arrested the petitioner and seized the vehicle in question bearing registration No. GJ-10-A-781. That respondent No.2 preferred application under Section 451 of the Criminal Procedure Code for custody of Tata Sumo Car bearing registration No.GJ-10-A-781 contending inter-alia that he has purchased the said vehicle from the petitioner by making payment of Rs.45,000/- in the year 2004 i.e. on 18.08.2004 for sale consideration of Rs.1,65,000/- and balance amount was to be paid by the original complainant to the Finance Company directly and; that installments after 18.08.2004 has been paid by him and has paid the entire amount and even 'No Due Certificate' has been issued by the Finance Company and therefore, it is requested to hand over the possession of Muddamal vehicle to him on proper suitable conditions. The said application was objected by the petitioner on the ground that he is registered owner of the vehicle in question and therefore, possession of Muddamal-vehicle may not be given to respondent No.2 and same may be released in favour of the petitioner.
(3.) After considering the rival submissions and considering the fact that the petitioner has sold the vehicle to respondent No.2 and has got Rs.45,000/- by cheque and thereafter, subsequent installments have been paid by respondent No.2 directly to the Finance Company, against which the Finance Company has issued 'No Due Certificate', learned J.M.F.C., Gandhidham passed an order dated 06.10.2006 directing to hand over Muddamal vehicle to respondent No.2 on conditions; that till final disposal of Criminal Proceedings he shall not transfer and/or alienate in any manner whatsoever the vehicle in question; as and when ordered by the Court he shall produce the Muddamal-vehicle; necessary entry be made in the RTO and certified copy of RC Book be produced in the Court as well as in the concerned Police Station. Being aggrieved and dissatisfied with the order dated 06.10.2006 passed by the learned J.M.F.C., the petitioner preferred Criminal Revision Application No. 63 of 2006 before the learned Additional Sessions Judge, Kutch, who vide judgment and order dated 30.03.2007 has been pleased to dismiss the said Revision Application and confirmed the order passed by the learned J.M.F.C., Gandhidham in handing over the Muddamal vehicle in favour of respondent No.2. Being aggrieved and dissatisfied with both the aforesaid orders, the petitioner has preferred the present petition under Article 227 of the Constitution of India.