MANGU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This application is filed under section 482 of Cr.P.C.

(2.) The brief facts giving rise to this application are that motorcycle bearing registration No.MP-44-ME-2818 of which present applicant is a registered owner, was stolen. Present applicant lodged a complaint at Police Station Ratangarh on 10.02.2012 which was registered as Crime No.05/2012 under section 379 of IPC. The vehicle was never traced during investigation of that crime, however, subsequently, it was seized by the Police Station Baghana, District Neemuch in Crime No.37/2012 under sections 457 and 380 of IPC. The charge-sheet was filed against two persons Sharif S/o Aziz Mohammad and Asif S/o Mohammad Musalman. It was alleged that stolen motorcycle belonging to the present applicant was used by the accused persons in that offence and later on vehicle was left abandoned by them. The trial was concluded by the concerned Judicial Magistrate First Class and judgment was passed on 02.07.2013. The accused persons were convicted. Meanwhile, during trial of that case, motorcycle was given on interim custody to the present applicant which remained in his custody.

(3.) While passing the order of conviction, learned Judicial Magistrate First Class did not pass any order in respect of this motorcycle which was seized property in that case. The motorcycle, however, remained in custody of the present applicant. The accused in that case filed an appeal before the Sessions Court. The appeal was disposed of by the judgment dated 30.08.2013 in Criminal Appeal No.125/2013. Learned Sessions Judge in para 18 of the judgment observed as under:-