PREMRAJ PHOUJMAL Vs. PRAKASH CHAND BORA

JUDGEMENT

(1.) THE petitioner filed Criminal Case No. 81 of 1985 charging respondent No. 1 for having committed offence under sections 420 and 406 of the Indian Penal Code. The complaint was that the petitioner was owner of jeep bearing registration No. MHH/5815 and the jeep was handed over to respondent No. 1 for a short duration to carry luggage of saint of the community. The petitioner claimed that respondent No. 1 refused to return the jeep. The Petitioner also filed an application for attachment of jeep and the Magistrate directed attachment and issue process against respondent No. 1. The jeep was attached on August 8, 1985 and produced before the Judicial Magistrate. The complainant thereupon made the application for custody of the jeep until the decision of the case and the application was granted by the Magistrate on condition of execution of bond. The order was challenged by respondent No. 1 accused by filing revision application before Additional Sessions Judge, Pune. The Additional Sessions Judge by judgment dated June 17, 1987, allowed the revision application and directed that the jeep should, handed over to the accused on his executing bond in the sum of Rs. 20,000/- for production before the Magistrate whenever required. The order of the Additional Sessions Judge is under challenged.

(2.) SHRI Dhakephalkar, learned counsel appearing on behalf of the original complainant, submitted that registration certificate in respect of the jeep stands in the name of the petitioner and it was not open for the Additional Sessions Judge to direct handing over of the jeep to the accused. There is considerable merit in the submission urged on behalf of the petitioner. The counsel respondent No. 1 original accused submitted that the jeep was gifted by the complainant in favour of Jivdaya Mandal and Jivdaya Mandai was taken over by Goraksha panjar Pci Sanstha of which the accused is the President. The, accused claims that as the Jivdaya Mandal was merged with Goraksha Panjar Pci, the assets of Jivdayavest in Panjar Pci and one of the assets was the jeep. Unfortunately for the accused in spite of passage of more than last 7 years, the accused or the Pan jar Pci has not filed any civil suit to establish the title to the jeep. Jivdaya Mandai has instituted suit in the City Civil Court, Bombay but that suit establish pending and interim relief of appointment of Receiver was not given effect to in view of default of deposit of amount directed by the Court. In these circumstances, prima facie the title vests with the petitioner-complainant and the jeep could not have been returned to respondent No. 1 accused. The order of the Additional Sessions Judge, therefore, cannot be sustained.

(3.) ACCORDINGLY, petition succeeds and rule is made absolute and judgment dated June 17, 1987 passed by Additional Sessions Judge Pune in Criminal Revision Application No. 428 of 1985 is set aside and that passed by Judicial Magistrate, First Class, Ghodnadi on December 4, 1985 below Ex. Petition succeeds.