KAMLESH KUMAR Vs. GIRISH KAPOOR

JUDGEMENT

(1.) Kamlesh Kumar applicant has moved this application under Section 482, Criminal Procedure Code to get order dated 10.10.83 passed by IX Additional Sessions Judge, Moradabad quashed.

(2.) The brief facts arc that Girish Kapoor O.P. No. 1 representing himself to be the Manager of Mis Angles Films, Moti Cinema, Chandni Chowk, Delhi lodged an F.I.R. at P.S. Bilari, Moradabad that a print of film Nasib belonging to Mis Angles Films was stolen from office in New Delhi on 4.6.83 and its print Was being run in Bilari. It was in pursuance of this F.I.R. that print of film Nasib running in Anil Touring Talkies, Bilari was seized by the police on 5.6 83. The present applicant is the Manager of the said Touring Talkies. Thus counter claims to the possession of the said print of film Nasib arose. Both the parties applied under Section 457, Criminal Procedure Code in the Court of Judicial Magistrate, Moradabad for the delivery of the same. The learned Magistrate after considering the evidence led by the parties before him, ordered on 16.9.83 that the said print of the film be given in the Sapurdagi of Kamlesh Kumar applicant on his executing a personal bond of Rs. 25,000/-and one surety of the like amount with a condition that he would maintain the said print of the film in the same condition and would produce it in the court when called upon.

(3.) The applicants contention is that in pursuance of the said order of the learned Magistrate he executed the necessary bond on 16.9.83 and obtained the said print on that very date.