GAGENDRA Vs. STATE OF M P

JUDGEMENT

(1.) This petition is filed under - Section 482 of the Code of Criminal Procedure.

(2.) The facts of the case in brief arc that the vehicle bearing Registration No. DL-IC. B. 4778 Mahindra Commander Jeep is registered in the name of the father of the petitioner. The petitioner holds a power of attorney executed in his favour by his father Bhagwat Prasad Sharma. On 9/10/1992, this vehicle was intercepted by the Police Station, Sarangpur. Eventually this vehicle was seized by the police. The petitioner filed an application under Section 451 of the Code of Criminal Procedure for obtaining the custody of this vehicle in the Court of the Judicial Magistrate, First Class, Sarangpur. This application was, however, rejected on 29/4/1992. Against the order rejecting the prayer, the petitioner filed a Criminal Revision No. 64/92 in the Court of the Sessions Judge, Shajapur. This Revision was also rejected on 9/7/1992. Aggrieved, the petitioner has filed the present petition seeking reversal of these order and grant of custody as prayed for by him.

(3.) The petitioner, facing denial of delivery of vehicle to him as an interim measure, thus seeks interference by this Court under Section 482 of the Code of Criminal Procedure.