MITHAI LAL Vs. SATYA NARAIN AND ANOTHER

JUDGEMENT

(1.) This petition under Sec. 482 Criminal Procedure Code has been filed for quashing the order dated 4.10.1982 passed by J.M. Ist Varanasi. The record shows that Satya Narain - opposite party No. 1 - was prosecuted under Sections 392, 412, 420, 465, 467, 468 and 471 Indian Penal Code in connection with a Bus No. UPC-7669. The learned Additional Sessions Judge, Varanasi acquitted Satya Narain by his judgement and order dated 14.2.1977 in Sessions Trial No. 10 of 1976. However, by the same order he directed that the bus be given in the custody of complainant Nanku Ram till the decision of the competent court. The bus was, thereafter, given in the custody of Nanku Ram on his furnishing a personal Bond of Rs.40,000.00. Satya Narain filed Criminal Appeal No. 494 of 1977 against the aforesaid judgement and order dated 14.2.1977 in so far as it directed that the custody of the bus be given to Nanku Ram. This appeal was allowed by the High Court on 10.1.1978 and it was directed that till the question of title of the bus was decided by a competent court, the custody thereof would be given to Satya Narain on his furnishing a personal bond of Rs. 40,000.00. By the same order it was directed that the bus be immediately taken back from the custody of Nanku Ram and till Satya Narain furnished the bond, the same be kept at the police station. It appears that the Magistrate issued direction to the station officer of the police station to comply with the order passed by the High Court on 11.1.1978. The station officer of Police Station Cantt. gave a report on 19.1.1978 to the effect that the bus was found standing on the road side near Chauka Ghat and its valuable parts including engine etc. had been removed, Satya Narain refused to take the custody of the bus until it was restored in its original and running condition.

(2.) After hearing counsel for the parties, learned Magistrate directed Nanku Ram to deposit Rs.40,000.00 towards the amount of bond. This order was challenged by Nanku Ram in Criminal Appeal No. 240 of 1980 which was allowed and the matter was remanded to the Magistrate on 20.8.1981 for a fresh decision. Thereafter, the learned Magistrate heard the parties again and passed the impugned order on 4.10.1982 directing Nanku Ram to give the custody of the bus to Satya Narain. It is this order which has been impugned in the present petition.

(3.) I have heard Sri A.B. Dubey, learned counsel for the applicant and Sri D.K. Singh for the contesting respondent. In my opinion, no relief can be granted to the applicant Mithai Lal who is son of Nanku Ram in the present petition. The judgement of the High Court delivered in Criminal Appeal No. 494 of 1977 of 10.1.1978 has become final and by the said judgement it was directed that the custody of the bus shall the taken from Nanku Ram and shall be given to Satya Narain. That order having become final, it is not possible for the applicant who is son of Nanku Ram aforesaid to contend that the order dated 4.10.1982 passed by the Magistrate directing Nanku Ram to give the custody of the bus to Satya Narain is illegal. In fact by the impugned order, the learned Magistrate has accepted the contention of Nanku Ram that he is not liable to deposit Rs.40,000.00 and this plea has been accepted on the basis of technical objections made by him that the bond furnished by him at the time of taking the custody of the bus could not be found on the record. It is, indeed, shocking that though this court had passed an order on 10.1.1978 directing Nanku Ram to give custody of the bus to Satya Narain, the applicant has been able to delay the execution of the said order for such a long period.