RAM KISHORE THAKUR Vs. SHYAM BIHARI GIRI

JUDGEMENT

(1.) THESE two criminal miscellaneous applications have been taken up together as they arise out of the same matter in connection with the same truck which is involved in the instant case.

(2.) CRIMINAL Misceallaneous Nos. 2661/89(R), is directed against the order passed in Cr. Revision No. 13-C/17 of 1989 by the District and Sessions Judge, Jamshedpur, on 7.4.1989, by which he has allowed the revision ordering for release of the truck in question, WMK 3924, in favour of the opposite-party No. 1.

(3.) IT appears that the Additional C.J.M., Jamshedpur by his order dated 12.1.1989, had ordered the release of the truck WMK 3921, in favour of the petitioner, Ram Kishore Thakur. IT appears that opposite-party No. 1, Shyam Bihari Giti, had instituted a case Sakchi P. Section case No. 216/88, on 25.11.1988 under Sections 441, 323, 596 and 279, I.P.C. alleging that the accused of that case who is the petitioner in these cases, namely Ram Kishore Thakur, forcibly took away that truck on 5.11.1988 ultimately that truck seized by the police.