NAF SINGH Vs. DEVENDER KUMAR

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) has been filed against the order dated 26.3.2002 passed by the learned Additional Sessions Judge, Jhajjar, whereby the order dated 28.11.2001 of the learned Sub Divisional Judicial Magistrate, Bahadurgarh, directing the release of truck No. HR-46-A-6723 on superdari in favour of the petition, has been set aside.

(2.) THE petitioner filed a private complaint against Jagdish (respondent No. 3) and Surajbir (respondent No. 4) and four other persons on the allegations that he is the owner of Truck No. HR-46A/6723 which he purchased in the year 1999. For the purchase of the said truck the petitioner took a loan of Rs. 5,20,000/- from M/s Tata Finance Ltd. New Delhi (respondent No. 2). The balance amount was paid by him from his own resources. For the purposes of the loan, Jagdish (respondent No. 3) sood as guarantor. It is alleged that on 23.6.2000 at about 8.30-9.00 p.m. at the exit door of H.N.G. Glass Factory, Bahadurgarh, the accused (respondent Nos. 1 and 2) alongwith our other persons forcibly took the truck from Dalbir Singh son of the petitioner and Ravinder. They also took possession of the documents including Insurance, Permit and Registration copy, besides snatching a sum of Rs. 5311/-. The petitioner is stated to have reported the matter to the police and also made a written complaint on 24.7.2000. Besides, several representations to the higher authorities were made but to no avail. The Station House Officer, Police Station, City Bahadurgarh, maintained that the accused have shown him documents of sale of truck and he was satisfied that they were lawful owners of the vehicle in question. The petitioner had also filed a civil suit for mandatory injunction in the Civil Court at Rohtak on 26.7.2001 against Jagdish (respondent No. 3) and Surajbir (respondent No. 4) for mandatory injunction directing the defendants in the said suit to hand over the custody of the Truck to him. The learned Sub Divisional Judicial Magistrate, Bahadurgarh sent the criminal complaint for investigation to the police. The police took the custody of the truck on 17.7.2002 and the petitioner moved an application for release of the truck on superdari in his favour. Devender Kumar (respondent No. 1) also moved an application for release of the truck on superdari in his favour.

(3.) THE learned Sub Divisional Judicial Magistrate, Bahadurgarh vide his order dated 28.11.2001 held that the petitioner Nafe Singh is entitled to get vehicle in question on superadari. It was also held that the finding recorded in the said order would not affect the disposal of the case on merits and the same shall be treated as subject to final adjudication of the title by the Civil Court. Accordingly, the applications of the petitioner and Devinder Kumar (respondent No. 1) were disposed of.