SHEIKH MOHAMMAD ALAM Vs. MD. AFAJUDDIN AHMED

JUDGEMENT

(1.) THIS revision petition arises from an order of the chief Judicial Magistrate Darrang made on 22.12.90 in case No. 1971 of 1981 directing the Petitioner Sheikh Mohammad Alam to Produce the vehicle before the Court with a view to deliver the same to the opposite party Md. Afajuddin Ahmed.

(2.) FACTS - -In connection with CR Case No 1971 of 1978 instituted by the complainant Mohamad Alam in the Court of the Chief Judicial Magistrate Darrang against Binod Prasad and his brother, a truck bearing registration mark ASU 5721 was seized from the possession of the Respondent Afajuddin who was not a party in the case. On 28.5.89, the trial Judge acquitted the accused of all the charges and after the conclusion of the trial, the trial Judge passed an order for delivery of the vehicle to the Respondent Afajuddin Ahmed from whom the vehicle was seized. On appeal filed by the complainant -Petitioner, the Sessions Judge dismissed the appeal, Being aggrieved by the order of the Sessions Judge Criminal Revision No 371 of 1990 was filed in this Court and this Court dismissed the revision petitions on 31.10.90. Thereafter, the Petitioner Sheikh Mohammad Alam filed Title Suit No 36 of 1990 in the Court of the Assistant District Judge Darrang against the accused in the Criminal case imp leading the Respondent as a party. In the suit the Petitioner filed an application under Order 39 Rule 1 and 2 for the injunction being Mis (J) No 20/90. On 11.5.90 the trial Court issued an exparte interim injunction. The ad interim injunction runs as follows:

(3.) THE question then is - -Whether the concluded order under Section 452 after the trial made by a Magistrate of competent jurisdiction should be set at naught merely because an unsuccessful party has approached the Civil Court ? It would depend upon the circumstance of its case.