SHELLY COOP. TRANSPORT SOCIETY LTD Vs. JITENDER SINGH

JUDGEMENT

(1.) THIS revision has been directed against the order dated 27.5.1999 passed by the learned Addl. Sessions Judge, Sonepat, whereby Crl. Revision No. 12 of 1999 filed by respondent Jitender Singh was accepted and the order dated March 22, 1999 under which Shelly Co-op. Transport Society Ltd. through Dharm Singh was allowed to receive the possession of the bus in question on behalf of Jitender Singh was set aside.

(2.) BRIEFLY stated that facts of the case are that a bus bearing Registration No. HR-46/6284 was taken in possession by the police from the custody of Jitender Singh respondent for violation of the provisions of the Motor Vehicles Act. The request for release of the bus on superdari made by Jitender Singh was accepted by the learned Chief Judicial Magistrate, Sonepat vide order dated February 2, 1999 on furnishing superdaginama in the sum of rupees eight lacs. However, Dharam Singh preferred a revision petition against the decision of learned CJM, Sonepat which was disposed of by learned Addl. Sessions Judge, Sonepat. It was observed that the learned CJM was required to look into the matter and release the vehicle in favour of true owner as was ordered by him. Thus, the Shelly Co-op. Transport Society Ltd. prayed through ist Vice President Sh. Dharam Singh for obtaining the custody of the bus before the learned CJM, Sonepat. The claim of the Transport Company found favour with the learned CJM, Sonepat who modified his earlier order dated 22.9.99 and permitted Dharam Singh, the Vice President of Society to receive the vehicle in question on superdari. Against this order of learned CJM, Jitender Singh respondent-herein preferred an revision.

(3.) I have heard the learned counsel for the parties and have perused the record.