NIRANJAN PRAKASH Vs. STATE,

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge of Kanpur, recommending that the order dated 29.10.1960 passed by an honorary Magistrate at Kanpur directing the station officer, Cantonment to search a truck and take it into custody, be quashed and set aside and the truck, if seized, be released.

(2.) THE facts briefly are that on 27.10.1960 Manni Lal filed a complaint under Section 379, I. P. C. in the Court of a Judicial Magistrate at Kanpur against Niranjan Prakash and B. P. Singh, Inspector, and General Manager of Automobiles Financing Corporation and Company on the allegations that the complainant had purchased a truck from Messrs. Automobiles Financing Corporation Company on hire -purchase system and the entire price of the truck was paid off. It was further alleged that on 30.9.1960 the two accused, as representatives of the Automobiles Financing Corporation Company removed the truck without any right and title and in a manner whereby they committed an offence under Section 379, I. P. C. The complaint was transferred by the Judicial Magistrate to a Bench of Magistrates. On 29.10.1960 the complainant made an application for the issue of a search warrant to the police to search and recover the said truck from the premises of Messrs. Automobiles Financing Corporation Company. The application was presented by the Vakil of the Complainant at the residence of one of the Magistrates constituting this Bench. The Magistrate passed an order directing the Station Officer, Cantonment to search the truck, to take it into custody and return the application in original with report and compliance.

(3.) IT is this order which has been referred by the Sessions Judge to this Court with the recommendation that it be set aside and quashed.