SHAMSUL HASAN Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) The present petition is under section 482 of the Code of Criminal Procedure against the order dated 3-2-1990, passed by the Sessions Judge, Bhopal, in Criminal Revision No. 181 of 1989, arising out of the order dated 22-12-1989, passed by the Judicial Magistrate First Class, Bhopal.

(2.) The police Shajahanabad, Bhopal, seized the Mini Bus No. CIC 744 under section 102 of the Code of Criminal Procedure from the possession of the non-applicant No.1 Bhagwati Prasad on 4-12-1989. The applicant Shamsul Hasan as well as the non-applicant No.1 Bhagwati Prasad moved their applications for custody of the bus. The trial Magistrate allowed the application of the non-applicant No.1 and rejected the application of the applicant. The applicant filed a revision petition against the said order but was unsuccessful. The present petition has, therefore, been filed by the applicant.

(3.) The non-applicant No.1 had purchased this Mini Bus after getting loan from the Bank and was in its possession since then. He is also the registered owner of the Bus. According to the applicant, the non-applicant No.1 had agreed to sell the Bus to him for a consideration of Rs. 1,13,000/-. After accepting Rs. 20,000/- towards the sale amount, it is said that the vehicle was handed over in possession of the applicant. Thereafter, according to the applicant, he has spent Rs. 40,000/- on repairs of the Bus. But the non-applicant No.1 forcibly took away the Bus from the possession of the applicant. The applicant, therefore, lodged a report with the police. The police has registered an offence under section 420, I.P.C. against the non-applicant No.1 and his two brothers. According to the applicant, there is prima facie case in his favour and he is entitled to have possession of the Bus: The learned counsel for the applicant has relied on the following rulings; Bhagwanlal v. Govind Prasat, A.S.S. Ahmed Sahib v. Commissioner of Police, Madras and another, and M/s. Purshottam Das Banarsidas v. State through Harshad Rai Natwarlal.