MOHAN KUMAR LAKHAD Vs. INDERJEET BEDI

JUDGEMENT

(1.) The petitioner, holder of general power of attorney or legal heir of late Ladhuram, claimed under Section 457 of the Code of Criminal Procedure (hereinafter the Code) custody of Truck No. M.B.R. 1615. An order dated 23.12.1991 was passed in his favour in M.Cr.C.No. 25/91 by Chief Judicial Magistrate, Raipur, the non-applicant preferred Criminal Revision No. 8/1992 and the same was allowed vide order dated 25.2.1992 passed by 5th AddI. Sessions Judge, Raipur, which is under challenge in this petition under Section 482 of the Code.

(2.) The truck in question belongs to Ladhuram. The non-applicant claims to have purchased the same and got the registration transferred in her favour. Petitioners case is that Ladhuram went to Seeker (Rajasthan) on 19.7.199 1 on hearing the sad demise of his mother. During his absence, the non-applicant with the help of her husband Nirpal Singh Bedi and agent Durga Rao forged sale papers in her favour and on its basis got the registration fraudulently transferred. Subsequently, Ladhuram died. On 1.8.1991, the truck was being driven by applicants driver Prahlad when Mahendra, who was set up by the non-applicant and her husband, forcibly drove it away and lodged a false report of its involvement in a road accident giving rise to Crime No. 640/91 of P.S. Civil Lines, Raipur. The truck was seized by the police in that connection. On investigation, the report lodged by Mahendra is found to be false. Final report 4/91 has been submitted in that case and a case of forgery has been registered against the non-applicant and others. Prahlad had also lodged a report of theft in the Police Station after the truck was taken away by the Mahendra and a case has been registered.

(3.) Considering the rival contentions of the parties, record of Crime No. 640/9 1 of P.S. Civil Lines, Raipur, has been obtained to ascertain as to from whom and in what circumstances the truck in question was seized.