MURLIDHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for revision against the judgment and order dated 6/07/1990 passed by the Chief Judicial Magistrate, Mirzapur, in Criminal Case No. 2303/90 (State v. Deoraj Prasad Patel) under Sections 406/ 420/ 379/ 411, IPC.

(2.) Deoraj Prasad Patel, opposite party No. 2, is facing prosecution in the Court of the Magistrate at Mirzapur for the offences under Sections 406/420/379/411, IPC and a charge sheet has been filed against him in the case.

(3.) Tata Mercedez Truck No. UPL 7947 (Chasis No. 342050 7617858 and (Engine No. 3125787618370) was initially purchased by one Ajit Lal and the truck in question was registered in his name. Murlidhar applicant purchased the truck in question from Ajit Lal for a consideration of Rs. 71000.00. As the applicant was short of money, he had taken financial assistance from Paras Financing company of Mirzapur. Thereafter, Paras Financing company took away the truck in question illegally without any authority and with the intention to misappropriate the same. The applicant started the search for his truck and after a gap of one year, he came to know that Paras Financing company had delivered the truck in question to Deoraj Prasad Patel, who had subsequently changed the chassis number of the truck and had obtained a fresh false and fictitious registration USB 4622 from the Regional Transport Officer, Deoraj Prasad Patel runs a motor garage and is an expert Mistri. Taking advantage of his technical knowledge, Deoraj Prasad Patel embossed another number upon the old number of the Chassis. Initially, registration No. USB 4622 was given to the truck having Chassis No. 3420026615338 and engine No. 3129156615536. The task of finding out the truck of the applicant was a difficult one and it was after much effort that the applicant was certain that his truck was now registered as USB 4622. Consequently, a FIR was lodged by the applicant against Deoraj Prasad Patel in PS chunar and a case Crime No. 357/ 87 was registered against Deoraj Prasad Patel under Sections 406/ 420/ 379/ 411, IPC. The Police started its investigation and recovered the Truck in question from the possession of Deoraj Prasad Patel.