DEVENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) MR. N. C. Jain, the then Special Judge, Ghaziabad, while deciding Criminal Revision no. 12 of 1984, vide his order dated 11-6-84 allowed it and set aside the order passed by MR. Subhash Chandra, Additional Munsif-Magistrate, Hapur, on 4-1-84.

(2.) THE brief facts of the matter as they appear from paragraph no. 2 of the learned Judge's judgment and from paragraph nos. 1, 2 and 3 of the judgment of the learned Magistrate are as follows :-- An application was moved by Devendra Kumar before the Station Officer, Police Station Bahadur Garh, district Ghaziabad, on 3-12-1983 with the allegations that Motor Cycle No. UPP 8941 of which he is the registered owner was given to him at the time of his marriage is 1982. This motor cycle was forcibly snatched from him on 16-11-1983 by Radhey Lal Sharma, Shiv Kumar Sharma and Satyapal Singh while he was going to village Sehal and as such he requested the police Authorities that the motor cycle may be restored to him. It appears that the police seized the motor cycle from the possession of revisionist Shiv Kumar Sharma and kept it in the police station. On 10-12-83 Shiv Kumar Sharma moved an application before the Deputy Superintendent of Police, Hapur, that he had purchased the aforesaid motor cycle for Rs. 7000/- on 16-11-82 from Devendra Kumar and that Devendra Kumar wrongly reported the matter to the police regarding its forcible removal from his possession. An enquiry was made by the Circle Officer, Hapur, who reported the seizure to the Magistrate and then the Magistrate passed the order to the effect that the witnesses of this alleged sale were not supporting the case of sale by Devendra Kumar to Shiv Kumar Sharma and since Devendra Kumar had the registration in his name, hence the motor cycle should be restored to him and the parties be left free to initiate proceedings in the Civil Court to establish their claim and title.

(3.) IN the result, the revision is allowed. The order passed by Mr. N. C. Jain, Special Judge, Ghaziabad, on 11-6-84, is quashed and the order passed by Sri Subhash Chandra, Addl. Munsif-Magistrate, Hapur on 4-1-1984 is restored. Revision allowed.