OM RAJNARAIN SHIVPURI Vs. R M PATIL

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 2nd Nov. 1977 passed by the Metropolitan Magistrate, 26th Court, Borivli, Bombay, under Section 451 of the Cr. P. C. 1973 in Criminal Case No. 655/w of 1977.

(2.) CRIMINAL Case No. 655/w of 1977 arises out of a complaint filed by respondent No. 2 Roshanlal Anand against four persons, including the petitioner Om Rajnarain Shivpuri who is shown as accused No. 3 in the said complaint. That is a complaint under Section 420 read with Section 34 of the I. P. C. The allegations in the complaint are these. On 4th Jan. , 1977 accused No. 2 Rajesh Saksena entered into an agreement of sale with the complainant Roshanlal Anand and sold to him his car Fiat Premier President bearing registration No. DHC-6239 on receiving payment of Rs. 20,500/ -. Accused No. 2 Rajesh Saksena handed over to the complaniant the certificate of registration along with sale letter and receipt, but he agreed to give delivery of the car to the complainant, after transferring ownership by applying to the R. T. O. , Delhi. However, accused No. 2 dishonestly handed over possession of the car to accused No. 3, the petitioner herein, purporting to have sold the car to him on 15th Dec. , 1976 for Rs. 25,000/ -. He was also trying to transfer the car in the name of accused No. 3 after bringing into existence forged documents,

(3.) THE complainant-respondent No. 2 filed an application under Section 94 of the Cr. P. C. for issue of a search warrant against the petitioner-accused No. 3 for the seizure of the car in question. The learned Magistrate issued the search warrant and, in execution thereof, the police at Bandra seized the said car on 1st Oct. 1977 under a panchnama from accused No. 3 at Bombay. The car was produced before the learned Magistrate and it was with Bandra police for safe custody.