BHUPINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Bhupinder Singh filed an application in Police Station, Sadar Thanesar, on 19-9-1985 (Annexure-P.4) alleging that his father-in-law Balkar Singh with the help of some persons was removing his household goods which he was loading in a truck on the pretex that these articles belonged to the petitioner's wife. The police rushed to the house of the petitioner and seized the truck as well as the articles loaded thereon vide seizure memo (Annexure-P. 5). On the application of the petitioner a First Information Report No.194 under Ss. 452, 148 and 149, Penal Code, was registered against Balkar Singh and his companions.

(2.) On 21-9-1985 the petitioner filed an application before the Additional Chief Judicial Magistrate, Kurukshetra (Annexure-P.6), that the household articles seized by the police may be given to him on superdari. The Additional Chief Judicial Magistrate, after obtaining the report of the police (Annexure-P.7), released the articles on supurdari in favour of the petitioner by an order of the same date (Annexure-P.3).

(3.) Subsequently, on an application moved by the police the Additional Chief Judicial Magistrate cancelled the said orders of supurdari passed in petitioner's favour vide an order dt. March 19, 1986 (Annexure-P.2) on the ground that during investigation of the case it has been found by the police that the seized articles belonged to the petitioner's wife. The revision against this order filed by the petitioner was dismissed by the Additional Sessions Judge, Kurukshetra, vide an order dt. July 5, 1986 (Annexure-P.1) holding that the impugned order was not revisable. The revision of the petitioner was also found lacking merit.