KRISHNA GOPAL DIXIT Vs. RAM KUMAR BHRAMAR

JUDGEMENT

(1.) THIS is a revision by the complainant/petitioner against the order dated 13.8.1981 passed by Third Additional Sessions Judge, Gwalior, in Criminal Revision No. 29/1981, preferred against the order dated 20.4.1981, passed by Judicial Magistrate, First Class, Gwalior, in Criminal Case No. 2/1981.

(2.) THE facts giving rise to this revision arc thus: The petitioner filed a complaint under section 379, IPC, against the non -petitioner before the trial Court, alleging theft of his Fiat Car No. MPW 8706, said to have been purchased for Rs. 35,000/ - from the non -petitioner on 21.3.1981. It was alleged that the car was stolen on 29.3.1981 from Maharajpura. During the course of trial, under section 94, Cr.P.C., a search warrant was issued, and the car was recovered by the police on 16.4.1981 from the possession of the non -petitioner; the car was. kept at Police Station Madhoganj, Gwalior. After hearing, the trial Court acting under S. 451, Cr.P.C. ordered on 20.4.1981 entrustment and the custody of the car to the complainant/petitioner on furnishing security of Rs. 20,000/ -. Against this order, the non -petitioner preferred a revision. The revisional Court issued notice to the petitioner, but the summons was not received back after service and, hence, on 2.7.1981 the Court ordered that fresh notice be issued with a note that if the petitioner is not found, the service be effected on some adult member of the family under S. 64 or by affixture in accordance with section 65 Cr.P .C. The serving officer on 6.7.1981 in the presence of two witnesses affixed one copy of the summons and made the following note:

(3.) AFTER hearing counsel, I am of the opinion, it would not be proper to express any opinion on the merits of the contentions raised, as Shri Shailendra, counsel for the non -petitioner, rightly submitted that if this Court holds that the summons was not duly served, the matter will go back to the revisional Court for deciding the revision afresh.