LAHU RAMU VAZE Vs. TUKARAM DHONDIBA CHOUDHARY

JUDGEMENT

(1.) This is an application for quashing the order dated 20th December 2007 rendered by learned Judicial Magistrate (F.C.), Parner in Misc.Application No.178 of 2007, arising out of Crime No.294 of 2007 to the extent of part whereby, custody of MACBull Thresher machine is directed to be delivered to original complainant - Tukaram, who is respondent No.1 herein.

(2.) The respondent No.1 filed a complaint at Parner Police Station on 7.11.2007 alleging that a MACBull Thresher machine owned by him was taken away from the open place of his house by his brother, viz., Eknath on 7.2.2007. An offence was registered vide Crime No.I-174/2007 against said Eknath. The MACBull Thresher machine was recovered from the applicant at instance of said Eknath. There is no dispute about the fact that recovery of MACBull Thresher machine alongwith one oil engine was effected by the Police from custody of the applicant. There is also no dispute about the fact that applicant never committed alleged offence of theft in respect the MACBull Thresher machine.

(3.) The complainant-Tukaram and his brother - Eknath are having civil dispute regarding their properties. It appears that case of Eknath is that the MACBull Thresher machine was allotted to his share. He, therefore, sold it to the present applicant. It also appears that the complainant purchased the said MACBull Thresher machine in or about 1994-95. In a civil suit, allegation was made that there was a partition in 1989 and, therefore, Eknath came into possession of said MACBull Thresher machine.