DAYA SHANKAR PANDEY Vs. RAJENDRA PARSAD SINGH

JUDGEMENT

(1.) Daya Shanker Pandey applicant has filed this application under section 482 Cr. P. C. seeking to quash the judgment and order dated 2-8-1986 passed by special Judge, Ghazipur in Criminal Revision No. 102/1986 and No. 110 of 1986; whereby the learned Special Judge, directed the delivery of truck bearing No. B. R. Z. 197: to Rajendra Prasad Singh, Opposite party no.1. The aforesaid application was admitted by this Court on 6-8-1986 and the operation of the order dated 2-8-1986 was also stayed.

(2.) The aforesaid Truck was taken to police Station Zamania, District Ghazipur by Ram Raj Pandey, nephew of Daya Shanker Pandey applicant on 25.4.1986 as a consequence of difference which cropped up between Daya Shankar Pandey, applicant and Rajender Prasad Singh, Opposite party no lover the possession of the truck and it was handed over in the custody of the police.

(3.) The case of the applicant was that the aforesaid Truck B. R. Z. 1971 was previously owned by defendant and the same was purchased by him on 29-9-1986 for a consideration of a sum of Rs. 60,000.00 but later on cordial relations between the applicant and the opposite party no. I soured with the result that the opposite party no. 1 entertained the idea to take forcible possession of the aforesaid truck from the applicant. Under the circumstances, the police of Police Station Zamania seized the aforesaid truck. Both the parties i.e. the applicant and the opposite party Rajendra Prasad Singh applied before the Magistrate for the release of the truck in their favour. However, the learned Chief Judicial Magistrate, who had also been apprised of the pendency of the Civil suit over the ownership of the truck, refrained from passing any order for the delivery of truck to either party, but directed them to seek orders about the custody of the truck from the civil court. However, the learned Chief Judicial Magistrate directed the police of Police Station Zamania to continue to detain the truck in its possession till the matter is resolved by the civil court.