JARNAIL SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) This revision petition is filed against the order of Additional Sessions Judge, Jalandbar in Criminal Revision No.4 of 1991 dated 4.1.1992. The facts leading to the filing of this revision petition may briefly be stated as follows:

(2.) Petitioner Jarnail Singh filed an application under Section 97 Code of Criminal Procedure stating that he is owner of tempoo bearing No. PLJ-9994 and that the said tempoo was stolen and that he gave a report to the police but no action was taken by the police and he found the tempo parked in the house of Gurdev Singh (the respondent herein). Therefore, he prayed that a search warrant be issued. On the said application, the learned Judicial Magistrate 1st Class, Nakodar issued a search warrant. The tempoo was recovered from the custody of Gurdev Singh and was produced before the Magistrate. Thereafter Gurdev Singh filed an application before the Judicial Magistrate 1st Class, Nakodar for release of the vehicle to him. The learned Judicial Magistrate 1st Class by his order dated 8.8.1991 directed the tempoo to be given to the police of Police Station, Lohian, vehicle dismissing the application filed by Gurdev Singh Aggrieved by the same Gurdev Singh preferred a revision petition to the court of Additional Sessions Judge, Jalandhar in Criminal Revision No.4 of 1991. By her impugned order, the learned Additional Sessions Judge directed the tempoo to be given to Gurdev Singh on sapurdari. Aggrieved by the said order, Jarnail Singh filed the above revision petition.

(3.) The learned counsel for the petitioner contended that he is owner of the tempoo and that he should be given the custody of the tempoo whereas, it is contended by the learned counsel for respondent Gurdev Singh that he purchased the tempoo from Sukhdev Singh and that the tempo was subject matter of agreement with Baba Motors Hire Purchase Pvt. Ltd. on hire purchase basis and Sukhdev Singh paid certain instalments to Baba Motors Hire Purchase Pvt. Ltd. and thereafter he i.e. Gurdev Singh paid instalments and that he, has been in rightful possession of the tempoo and therefore, there are no grounds warranting interference with the order of learned Additional Sessions Judge directing the tempoo to be given to him on sapurdari.