SANT GURMEL SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE petitioner in this revision petition has challenged the order passed by Sessions Judge, Ambala dated 9-11-1987, whereby he had reversed order passed by L N. Mittal Additional Chief Judicial Magistrate, Ambala dated 20-5-1987 giving the custody of the Car to the petitioner.

(2.) THE facts leading to this petition are that a case under Section 406 Indian Penal Code was registered at Police Station Pinjore vide F.I.R. No 52 of 11-7-1984 at the instance of Darshan Singh respondent against one Kartar Singh son of Kalu Raw resident of Jammu the allegations in the FIR were that Darshan Singh complainant and his wife Suit. Mahavardan Singh were living in England for quite some time. They had two daughters who were studying in Dalhausie. Darshan Singh and Smt. Mahavardan Singh were the permanent residents of Pinjore and were staying in England in connection with some business. As they had to stay for sometime in England, they had left their valuable goods consisting of a number of electronics, clothing and Mercedes car bearing registration No. CHB 40 with Harcharan Singh and Kartar Singh for safe custody at Jammu, Harcharan Singh had died. It was further alleged in the FIR that Kartar Singh did pot return the Mercedes car in spite of demand. During the course of investigations, the police recovered these articles from Kartar Singh. The Additional Chief Judicial Magistrate, Ambala vide his order dated 17-7-1984 released the Mercedes car No. CHB 40 on sapurdari in favour of Darshan Singh.

(3.) I have heard the learned counsel for the parties and gone through a large number of documents produced by both the sides on the file. The learned Sessions Judge while reversing the order of the Additional Chief Judicial Magistrate has relied upon mainly on the fact that the car is registered in the name of Darshan Singh. The authenticity of documents produced by Gurmel Singh petition has also been challenged by the respondent.