PREM WATI Vs. LAL SINGH

JUDGEMENT

(1.) SMT . Premwati widow of Tirlok Chand was filed this petition under Section 482, Criminal Procedure Code, for quashing the orders passed by Additional Chief Judicial Magistrate, Gurgaon, dated April 16, 1988, and confirmed by Additional Sessions Judge, Gurgaon, dated September, 13, 1988, being against law and facts and amounting to abuse of process of Court.

(2.) THE facts leading to this petition are that a tractor owned by Tirlok Chand husband of Smt. Premwati petitioner was taken into possession by the police of Sadar Police Station, Gurgaon, in case F.I.R. No. 88 of 1988, under Section 416/418/420/423, and 471, I.P.C. Tirlok Chand is reported to have died in December, 1987. Lal Singh respondent had allegedly purchased this tractor from said Tirlok Chand on December 16, 1987, and according to Lal Singh Tirlok Chand had executed an affidavit testifying the sale and transfer of the said tractor in his favour. According to the allegations in F.I.R. No. 88 of 1988 (supra). Tirlok Chand had not signed this affidavit. A case F.I.R. No. 88 of 1988 has been registered on these allegations.

(3.) THE learned Additional Chief Judicial Magistrate ordered the tractor to be released on Sapurdari to Lal Singh. Smt. Premwati filed a revision in the Court of Sessions. The same was dismissed by Additional Sessions Judge vide order dated September 13, 1988. Hence this petition under Section 482, Criminal Procedure Code.