HARDAM SINGH Vs. VIDYA SAGAR

JUDGEMENT

(1.) THIS is a revision petition filed by Hardam Singh son of Mula Ram, resident of village Khuian Malkana, Tehsil Dabwali, District Hissar, against the judgment dated December 23, 1972 of the Sessions Judge, Hissar, whereby he dismissed his revision petition against the order dated November 22. 1972 of the Judicial Magistrate, 1st Class, Dabwali, whereby he directed that the jeep in dispute could not be returned to him on Sapurdari and that it should remain with the police till the investigation was over.

(2.) BRIEFLY stated, the facts of this case are that the jeep in question bearing No. RJL 4937 belonged to one Harnek Singh, who was alleged to have transferred the same to Tulsa Ram and the latter transferred the same to Hardam Singh petitioner for Rs. 5, 200/- on September 16. 1972. This jeep was alleged to have been stolen from the possession of Hardam Singh by Vidya Sagar, Ramji Lai and Kanshi Ram, and he went to Police Station, Dabwali to lodge a report, but the police did not register any case. Thereafter, Hardam Singh made an application in the Court of the Judicial Magistrate and under orders of the Magistrate, the police registered case under Sections 379 and 411. Indian Penal Code, against Vidya Sagar and others, Hardam Singh also produced the registration certificate of this jeep in his name before the police. This jeep was recovered by the police from the possession of Vidya Sagar on November 18 1972, After the registration of the case, Hardam Singh petitioner made an application in the Court of the Judicial Magistrate, Dabwali under Section 516-A. Criminal Procedure Code, to return the jeep to him for proper custody pending decision of that case. Similar application was also made by Vidya Sagar. The Magistrate sent for report from the police on these applications and the police reported that Vidya Sagar was owner of the jeep and that Hardam Singh was not its owner and the jeep should not be returned to him. The Magistrate after hearing the counsel for the parties came to the conclusion that since both Hardam Singh and Vidya Sagar claimed title to the jeep, therefore, it was not expedient to give this jeep on Sapurdari to any of them till the completion of the investigation and that the jeep should remain with the police till the investigation is over. Feeling dissatisfied, both Hardam Singh and Vidya Sagar filed two separate revision petitions against this order in the Court of the Sessions Judge, Hissar who dismissed both these petitions on December 23, 1973. Thereafter. Hardam Singh petitioner filed this revision petition.

(3.) SECTION 516-A Criminal Procedure Code, reads as follows: