AJAI SINGH Vs. NATHI LAL

JUDGEMENT

(1.) THESE are three connected cases. Criminal Revision No. 1253 of 1977 is by Ajai Singh against an order of the learned III Additional Sessions Judge, Agra, dated 24th August 1977 setting aside the order of the Magistrate dated 2nd August 1977 releasing truck No. U. P. U. 2645. Misc. Case No. 3861 of 1976 is an application by Ram Naresih Singh Under Section 482, Criminal P. C. while Misc. Case No. 1169 of 1977 is an application by Abdul Razzaq Under Sections 482 and 483, Cr. PC In these three cases a common question of law arose and, therefore, they were referred to us.

(2.) THE facts concerning Criminal Revision No. 1253 of 1977 are that truck No. U. P. U. 2645 was seized by Hari Parwat police during investigation of a murder case, Ajai Singh applicant moved an application for release of the truck. This application was allowed by the Magistrate and the truck was released in favour of the applicant on his furnishing two sureties each of an amount of Rs. 10,000/- with a personal bond in the like amount. Nathi Lai opposite party filed a criminal revision in the Court of the Sessions Judge, Agra. The revision was heard and decided by the learned III Additional Sessions Judge, Agra on 24th August 1'977. The revision was allowed and the order of the learned Magistrate releasing the truck in favour of the applicant Ajai Singh was set aside. Ajai Singh, therefore, filed a revision in this Court.

(3.) THE facts relating to Criminal Misc. No. 3861 of 1976 are that tractor No. U. S. M. 3558 belonged to Ram Naresh Singh. On the night between 27th and 28th May 1976 the tractor was seized by the police of Kachhwa Police Station as some dacoits who had committed dacoity on the same night at 11. GO P. M. in the house of Lalta Prasad in village Ramapur, Police Station Kachhwa were travelling by it. An application was moved for release of the tractor by Ram Naresh Singh before the Magistrate on 4th June 1976. It was dismissed on 9th June 1-976. It is against the order of the Magistrate dated Sth June 1976 that the application Under Section 482, Cr. PC was moved in this Court.