BHIVRAJ Vs. RAVINDRA NAGRESHWAR MAMIDWAR

JUDGEMENT

(1.) These two criminal application filed under section 482 of the Code of Criminal Procedure (for short the Code) can be disposed of by this common judgment.

(2.) Briefly the facts are that according to the complainant - respondent No. 1 the suit truck was purchased by him for a consideration of Rs. 75,000/- from one Syed Hussain Syed Khwajasaheb, resident of Degloor, district Nanded. According to him the purchase price was to be paid to two instalments; one instalment of Rs. 30,000/- to be paid on 2-7-1983 and another instalment of Rs. 45,000/- to be paid on 20-10-1983. Further according o the complainant the possession of the vehicle was delivered to him on 2-7-1983. It is the case of the complainant that be obtained a loan of Rs. 45,000/- from the M.S. Finance Corporation, Hyderabad under which it was agreed that the loan amount should be paid in instalments of Rs. 3,500/- per month inclusive of interest payable on the said loan. However, according to him, he fell in arrears of some instalments due to which without notice to him and in his absence the suit truck was removed on 19-3-1985 at about 3 p.m. by the accused No. 1 and 2. He came to know about this fact after 8 days when he returned to Degloor. He further came to know that the suit truck was in actual possession of the accused No. 3 He, therefore, filed the instant complaint against the accused Nos. 1 and 2 under section 379 read with section 34 and against the accused No. 3. Under section 411 of the I.P. Code.

(3.) The complainants verification statement was recorded by the trial Magistrate, who thereafter issued process against the accused. It is this order of issuing process which the petitioners have challenged in Criminal Application No. 25 of 1985. After directing issue of process against the accused the learned trial Magistrate has passed another order under section 94 of the Code directing issue of a search warrant in respect of the suit truck, which was alleged to be in possession of the accused No.