NAZAKAT ALI HASHMI Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-

(2.) Learned Senior Counsel for the petitioner argued that in fact it was not a civil writ petition but a criminal revision with the same number i.e. 240/2010 dtd. 27/4/2017, wherein the revision petition was filed by the petitioner challenging the order dtd. 3/8/2010 passed by the Court of learned Judicial Magistrate First Class, Court No.2 Paonta Sahib, whereby the learned Court below while allowing the Cr.M.A No.189/4 of 2010 filed by respondent No.4- Ekant Garg, under Sec. 457 of the Criminal Procedure Code, dismissed a similar application filed by the present petitioner i.e. Cr.M.A. No.188/4 of 2010 for delivery of the vehicle in question. The dispute is for taking delivery of the vehicle, which was impounded by the police in connection with FIR No.210, dtd. 17/6/2010 registered under Sec. 356, 147 and 149 of the Indian Penal Code.

(3.) The case of respondent No. 4-Ekant Garg was that he had purchased the bus in question from the petitioner and paid full and final payment for the same. Petitioner-Nazakat Ali Hashmi had executed irrevocable power of attorney in favour of respondent No.4 and had also executed a receipt confirming receipt of full and final amount of consideration by him from Ekant Garg. Further case of the Ekant Garg-respondent No. 4 was that the present petitioner handed over the possession of the bus in question alongwith route permit, registration certificate including insurance to him and thereafter, he become owner of the vehicle in question. Further case of the Ekant Garg was that the petitioner had also executed Form Nos. 29 and 30 in his favour for the purpose of transfer of ownership and for registration of the bus in his name and that he was plying the vehicle as per time-table alloted by Regional Transport Officer and he was also paying all taxes regularly.