RAMAWADH KUHESH CHAVHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present application in revision, applicant-accused in Crime No. 49/2007 registered with Koradi Police Station for commission of offence punishable under Sections 325, 506 of Indian Penal Code upon complaint of his brother non-applicant No. 2 has thrown challenge to order dated 8.5.2007 passed by learned 1st Ad-hoc District Judge and Additional Sessions Judge, Nagpur allowing application in Revision No. 258/2007 preferred by non- applicant No. 2 and setting aside order dated 27.4.2007 passed by learned JMFC Court No. 6, Nagpur and holding non-applicant No. 2 being entitled for the custody of Auto-Rickshaw bearing No. MH-31AP/ 5846 seized by Koradi Police Station in connection with said Crime No. 49/2007 on furnishing suprutnama bond to investigating officer in sum of Rs. 1,50,000/-with usual terms and conditions. The applicant-accused has prayed for setting aside order impugned and directing non-applicant No. 2 for handing over custody of auto- rickshaw to applicant-accused.

(2.) The Auto-Rickshaw in question was seized by Koradi Police Station on 27.3.2006 from the applicant-accused during the course of investigation of said crime registered upon complaint lodged by non-applicant No. 2 to the effect that on 26.3.2006 at about 6.00 AM while he was taking morning walk, on the count of old rivalry, the applicant-accused had intentionally dashed and injured him by means of causing him fracture at the left wrist.

(3.) The said application was opposed by applicant-accused by filing say on 28.3.2007 contending that since beginning auto- rickshaw in question was in his possession and he has been paying monthly instalments for the same to financer and since beginning non-applicant No. 2 had executed T.T.O. forms in his favour for submitting same to the R.T.O. for transferring said auto-rickshaw in his name but the same could not be transferred as in the meanwhile State Government had stopped issuing new permit but he is possessing all the original papers of said auto-rickshaw which was seized by police from his possession;