RAJARAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This is an application under Section 482, Cr. P.C. by the accused in Crime No. 44 of 1991 registered with the first respondent on a complaint by the second respondent, seeking custody of the lorry seized in the case.

(2.) The second respondent had given a complaint which has now been registered for offences under Sections 420, 406 and 465 Cr. P.C. The case is pending investigation. The allegation in the complaint is that the second respondent, being an ex-service man purchased an Ashok Leyland lorry now bearing registration No. TNY 21-4622 for his son and since he did not- have experience in the lorry field, through a common friend he contacted the petitioner for the purpose of body building of the basis and for the business of lifting loads for the vehicle. The petitioner represented that he was well experienced in this field and accordingly on the assurance of the petitioner that he could have the body built and could also lift loads through people known to him, the vehicle was entrusted to the petitioner for the purpose of body building at Namakkal. Later there had been investments both by the second respondent and by the petitioner towards body building and subsequent gelling up of the vehicle. It is the case of the second respondent that while he was attending on his ailing son in the hospital, the petitioner obtained his signatures in Stamp papers and to the horror of the second respondent, it was found that a partnership deed had been written up. The allegation of the second respondent is that he never entered into any partnership with the petitioner and the signatures obtained in blank papers had been misused and a partnership deed created. The vehicle was being taken away to Bangalore. On these allegations a case had been registered.

(3.) During investigation the petitioner had been arrested, released on bail and the vehicle seized. Now the petitioner as well as the second respondent seek interim custody of the vehicle.