ASHOK CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. After hearing and conclusion of arguments by the learned counsel for the revisionist and learned counsel for the contesting opposite part No. 3 the following operative order passed on 20-12-1994 : "for reasons to be recorded later on, revision is hereby dismissed. Sd. K. L. Sharma, J. 20-12-1994. "

(2.) I, therefore, proceed to record the reasons for the aforesaid operative order This criminal revision was filed against the order dated 1-1994 passed by Additional Chief Judicial Magistrate XI, Allahabad to Miscelleneous Application No. Nil of 1994, State v. Unknown) whereby the application of the revisionist under Section 457, Cr. P. C. relating to the release of truck No. UP 70-D-8123 was dismissed and the Station Officer, Manjhanpur, Allahabad was directed to handover the possession of the said truck to opposite party No. 3. The impugned order passed by the XI Additional Chief Judicial Magistrate Allahabad shows that the revisionist being the son of opposite party No. 3 is claiming the custody of the truck against his father with whom he has fallen out and his father was declared by a public notice in the newspaper on January 1, 1994 that he has no connection with and has separated from his son Ashok Chandra Ram Bharose father of the revisionist further lodged a F. I. R. on 11-4-1994 at the Police Station, Manjhanpur that all the papers relating to his truck had been stolen away. On 14-9-1994 Ram Bharose also moved an application before the R. T. O. , Allahabad to the effect that his son Ashok Chandra had fabricated some documents and on the basis of those forged documents he has moved on 25-8-1994 an application for issuance of registra tion certificate of the truck. Ram Bharose has also filed Civil Suit No. 528 of 1994 in the Court of Civil Judge, Allahabad whereby Civil Judge passed an order that the status can be maintained. In this way there is a dispute between father and son about the ownership of the truck in question. How ever, admittedly 'ram Bharose was the registered owner of the truck and the original certificate of registration stood in the name of Ram Bharose. Revisionist Ashok Chandra claimed the transfer of the truck from the name of his father in his favour on the basis of an agreement allegedly executed later on by his father Ram Bharose who however, denying the execution of the agreement which is also the subject matter of the dispute in civil suit pending before Civil Judge, Allahabad. On 30- 9-1994 revisionist Ashok Chandra moved an application before Senior Superintendent of Police, Allahabad and Superintendent of Police (Rural), Allahabad complaining that some unknown person has snatched away his truck of which he is a registered owner and the police had taken the possession of the truck from the unknown person and kept it at P. S. Pacchim Sharira but the S. H O. later on returned the truck to unknown person. He, therefore, moved an application under Section 457, Cr. P. C. in the court of Magistrate for release of the truck from the possession of his father Ratn Bharose in his favour on the ground that he is registered owner. The Magistrate after being satisfied that the original registration certificate stood in the name of Ram Bharose the father of the revisionist and the alleged transfer of truck in favour of revisionist is subject matter of Civil Suit, he rejected the application and directed the S. H. O. to take the possession of the truck from a third person Sri Jawahar Lal Tripathi and to handover the possession of the truck to Ram Bharose, father of the revisionist. Being aggrieved against this order this revision has been preferred.

(3.) THE learned counsel for the contesting opposite party No. 3 has stated that in pursuance to the impugned order the S. H. O. has already handed over the custody of the truck to Ram Bharose on 30-11- 1994. He has also referred to the several documents annexed as Annexure Nos. 1 to 11 to the affidavit of Ram Bharose in order to show the ownership of the truck in ques tion. But need not refer to these documents as they related to the facts of the case which are already sub-juice in the court of Civil Judge, Allahabad because the observation if any made by this court may be prejudicial to either of the parties.