D VEERAIAH CHOUDARY Vs. K VEERAIAH

JUDGEMENT

(1.) The Munsif Magistrate, Ponnur allowed Crl. M. P.No. 234/87 and issued summons to the accused for the production of the Fiat Car bearing No. ATG 666 before the court on or before 7-9-1987. The accused contended that the court has no power to issue the search warrant for production ot the car. The Munsif Magistrate rejected the contention of the accused and allowed the petition. Against that the present petition has been filed under Sec. 482 Cr. P.C. to quash the proreedings.

(2.) The facts leading to the filing of the petition before the Magistrate are as follows: A private complaint has been filed u/s. 200 Cr. P. C. against the accused (petitioner herein) for offences punishable under Secs. 420 and 406 IPC on 16-4-1987. The complaint was forwarded to the Superintendent of Police, Guntur, for investigation and report. The S.I. of Police, Ponnur registered the case in Crime No. 131/87 under Secs. 420 and 406 IPC on 13-8-1987 at 10-30 A.M. The FIR reached the Magistrate on 13-8-1987 at 5-45 P.M. After the receipt of the FIR, the same was informed to the complainant and the private complainant was closed. As summons have already been issued for the production ot the car, the accused filed Crl.MP No. 635/ 87 under Sec. 91 Cr.P.C. and also Crl. MP No. 636/87 under Secs. 91 and 93 Cr.PC. In Crl. MP No. 635/87 the accused requested the court to drop the further proceedings in the matter. In Crl. MP No. 636/87 the accused requested the Court to vacate the ex parte orders passed in Crl.MP No. 234/ 87 directing the production of the car pending disposal of the case. All the three petitions were disposed of by the Magistrate holding that the court has got power under Sec. 91 Cr.PC to issue summons to the accused for the production of the car.

(3.) The case that is set by the complainant is that he is having a driving licence and he purchased the car ATG 666 to ply it as a taxi. The accused entered into an agreement with him and agreed to pay Rs. 2,000/- per month for use of the car. The case of the accused is that due to some difficulty he could not take the vehicle in his name as the complainant is his relation and as he was also having a licence, the vehicle was taken in kis name and he paid the instalments and the agreement set up by him is false and previously the matter was reported to the Police and the same has been closed on the advice of the APP Gr. II as the issue ot a civil nature.