SUKHINDER SINGH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The legality and validity of the orders dated 11.08.2011, 12.09.2011 and 15.09.2011, passed by the learned Additional Deputy Commissioner, Shillong in Mawsynram P.S. Case No. 2(1) of 2011 have been impugned in this revision application. I have heard Mr. M.F. Qureshi, learned counsel appearing on behalf of the petitioner as well as Mr. N. Khan, learned counsel appearing for the respondent No. 2 and Mr. H. Abraham, learned P.P. appearing on behalf of the respondent No. 1/State of Meghalaya.

(2.) The petitioner, who is the registered owner of the vehicle (Truck) bearing registration No. AS-23-G-0245 lodged an FIR at Mawsynram police station alleging that respondent No. 2 forcibly took away the Vehicle. Police registered a case under Section 393 IPC and the accused-respondent No. 2 was arrested. Respondent No. 2, after his release from the jail custody on bail, moved an application for custody of the said vehicle, which was, however, rejected by the trial Court vide order dated 19.04.2011. The petitioner's prayer for 'zimma' of the vehicle was allowed with certain conditions vide order dated 09.05.2011.

(3.) On 05.07.2011, respondent No. 2 moved a petition for re-calling the order dated 09.05.2011 and the learned trial Court re-called the said order on 11.08.2011 without giving an opportunity of hearing to the petitioner. The petitioner thereafter, on 15.9.2011, moved a petition to recall the order dated 11.08.2011, which was rejected.