RAMJI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAMJI Lal was the Secretary of Hissar Ashoka Agricultural Implements Society, Hissar. Theft of certain machinery including one lathe, one birma (borer) and one welding set belonging to the Society took place. Case FIR No. 128 dated 19.3.1987 was registered at Police Station, City Hisar under Section 408 IPC, against Hira Lal and Har Narain. On the recovery of lathe, one birma and one welding set from the possession of Har Narain, he made an application for their being made over to him on superdari to the Court of Chief Judicial Magistrate, Hissar on 11.8.1987. Police reported that the property had been made over to Ramji Lal on 6.5.1987 and further the police had no objection to the release of lathe, etc., on superdari in favour of Har Narain who was prima facie owner of lathe, etc., having purchased the same from Hira Lal on 2.2.86 vide receipt executed by Hira Lal. Chief Judicial Magistrate, Hissar passed an order for release of lathe, etc., on superdari on 12.8.1987 in favour of Har Narain who was prima facie owner of lathe etc., having purchased the same from Hira Lal on 2.2.1986 vide receipt executed by Hira Lal. Order dated 12.8.1987 was, however, reviewed and the Chief Judicial Magistrate passed an order on 24.8.87 by which he dismissed the application for the release of lathe etc. to Har Narain on superdari and ordered the return of lathe etc. to Ramji Lal.

(2.) HAR Narain assailed the order passed by CJM, Hissar dated 24.8.87 before the court of Session. Learned Sessions Judge, Hissar accepted the revision vide order dated 2.12.87 and set aside the order dated 24.8.87 passed by Chief Judicial Magistrate, Hissar ordering the return of lathe etc. to Ramji Lal. Learned Sessions Judge ordered that the Chief Judicial Magistrate, Hisar shall take steps to restore the property to Har Narain immediately.

(3.) LEARNED counsel for the petitioner submitted that lathe etc. were the property of the Hissar Ashoka Agricultural Implements Society and Ramji Lal was its Secretary. With regard to this property, case FIR No. 128 dated 19.3.87 was registered at Police Station, City Hissar under Section 408 IPC. During investigation, lathe etc. were recovered from the possession of Har Narain. On 6.5.87 lathe etc. had been made over to Ramji Lal. On the application of Har Narain for lathe etc, being made over to him on superdari to CJM, Hissar, the police reported that lathe etc. had been made over to Ramji Lal on 6.5.87 but they had no objection to the release of lathe etc. to Har Narain, who was prima facie owner of lathe etc., having purchased the same from Ramji Lal on 2.2.86 vide receipt Ex.P1. CJM Hissar passed an order on 12.8.87 ordering the release of lathe etc. on superdari in favour of Har Narain. On Ramji Lal's prayer for review of the order dated 12.2.87, CJM, Hissar passed an order on 24.8.87 whereby he reviewed the order dated 12.8.87 and ordered the return of lathe etc. to Ramji Lal. Learned counsel for the petitioner submitted that order dated 24.8.87 passed by CJM, Hissar ordering that lathe etc, be returned to Ramji Lal did not call for any interference by the Sessions Judge, Hissar vide the impugned order as lathe etc. was the property of the Society. Case FIR No. 128 dated 19.3.87 was registered at Police Station City Hissar under Section 408 IPC against Ramji Lal and Har Narain and recovery of lathe etc. took place from the possession of Har Narain during the investigation of that case and if lathe etc. were returned to Har Narain in view of the impugned order of the Sessions Judge that would be restoring the property to the one against whom the accusation is that he came by this property from Hira Lal, who had come by this property by defiling the trust created by the Society in him.