PIRU MOHAMMED Vs. JAO MAIN KUIN

JUDGEMENT

(1.) THIS criminal revision' arises out of the order dated 20 -8 -1987 passed by Sri S.K. Behera, Sessions Judge, Cuttack in Criminal Revision No. 133 of 1987 directing that the vehicle in question while in the police custody till the investigation is completed.

(2.) ONE Jao Main Kuin lodged an information in the police station that his Ambassador Car bearing registration No. OAX 1784 was stolen away by some unknown people. In course of investigation the police seized the Ambassador Car bearing registration No. ORP 2936 from the accused Piru Mohammed. Accused Piru Mohammed filed an application before the Sub -divisional Judicial Magistrate, Sadar, Cuttack for giving the seized vehicle ORP 2936 in his zima. The informant Jao Main Kuin contested the petition. Ultimately the S.D.J.M. passed an order on 18 -7 -1987 directing that the vehicle in question would be given in zima of the accused -claimant Piru Mohammed on execution of the bond as directed and subject to certain conditions. Against the order of the S.D.J.M. a criminal revision was filed before the Sessions Judge, Cuttack who took a completely different view of the matter and directed that the seized vehicle would remain in police custody till the investigation is complete. Against the order of the Sessions Judge, Cuttack, this revision petition has been filed.

(3.) THE learned advocate for the Petitioner submits that the order passed by the learned Sessions Judge is not correct and proper in the circumstances of the case and that should be set aside.