BALARAM NAYAK Vs. BIJAYA KUMAR NAYAK

JUDGEMENT

(1.) THIS criminal revision arises out of the revisional order dated 7 -9 -1987 passed by Sri G.R. Dubey, Sessions Judge, Bolangir in criminal revision No. 62 of 1987 allowing the revision and setting aside the order dated 17 -7 -1967 passed by the Sub -Divisional Judicial Magistrate, Sonepur in ICC Case No. 24 of 1987 directing to keep the motor vehicle in question in the zima of the accused who is the Petitioner in -this revision.

(2.) THE motor vehicle in question is a truck bearing registration No. ORU 5767 and the said truck was in possession of the accused Balaram Nayak.

(3.) THE initial statement of the complainant was recorded and one witness on behalf of the complainant was also examined on S. A. Under Section 200, Code of Criminal Procedure and the learned S. D. J. M., Sonepur took cognizance Under Section 379, T. P. C. on 3 -6 -1987. On the same day a petition Under Section 94, Code of Criminal Procedure was also filed on behalf of the complainant for issuing search warrant. Vide order dated 4 -6 -1987 it was directed to issue search warrant. On 1 -7 -1987, the complainant filed a petition Under Section 451. Code of Criminal Procedure claiming that he is the owner of the vehicle and the vehicle should be given in his zima during the pendency of the trail. On 2 -7 -1987 the objection was filed on behalf of the accused. The petition Under Section 451, Code of Criminal Procedure was heard on 10 -7 -1987 and on 17 -7 -1987 the learned S. D. J. M. passed the order to give the vehicle in the zima of the accused. The claim of the complainant over the truck ORV 5767 is based upon the fact that the registration certificate stands in his name.