KARAN MANGLA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing the orders dated 12.05.2016 (Annexure P1) passed by the trial Court vide which the application of the petitioner for releasing the Swift car bearing No.CH01-AG-2727, chassis No.MA3FSE81S00290097, engine No.D1DA1455801, was dismissed as well as the order dated 03.03.2017 (Annexure P2) passed by the Additional Sessions Judge/Revisional Court vide which the revision filed by the petitioner was also dismissed.

(2.) Brief facts of the case are that the petitioner is the registered owner of a white colour Swift diesel car bearing No.CH01- AG-2727, chassis No. MA3FSE81S00290097, engine No.D1DA1455801. The said car was stolen from a marriage palace at Barnala on 12.05.2013 and an FIR No.39 dated 12.05.2013 under Section 379 IPC was got registered by the petitioner at Police Station Dhanaula, District Barnala. The car was later on recovered by the police in another FIR No.68 dated 13.06.2006 registered under Sections 379, 411, 467, 468, 471 IPC at Police Station Jhunir and was parked in the police station as case property in the said case. The petitioner on coming to know this fact moved an application before the concerned Illaqa Magistrate for taking the superdari of the said car and the SubDivisional Judicial Magistrate, Sardulgarh called for a report of the police. The police submitted a report dated 15.01.2014 (Annexure P8) and the operative part of the same read as follows:-

(3.) The Court, relying upon the report of the police, thereafter, released the said vehicle on superdari in favour of the petitioner vide order dated 20.01.2014 (Annexure P9).