MD ISHA Vs. KHURSHEED ANWAR

JUDGEMENT

(1.) This Criminal Revision is against the judgment and order of 6th Additional Sessions Judge, Siwan passed in Criminal Revision No. 32 of 1994 (Khurseed Anwar v. State of Bihar) delivered on 1st March, 1994, where the learned Additional Sessions Judge reversed the order of the Magistrate dated 13th January, 1994.

(2.) The matter relates to release of the Bus (criminal case property). The Magistrate gave the possession of this vehicle to Md. Isha by his order dated 13th January, 1994. In revision, the learned Sessions Judge set aside the order of the Magistrate and delivered the possession of the case properly (Bus) to Khursid Anwar. On 14.10.1993 Md. Isha lodged the police report under Sections 406 and 420 I.P.C. against Sri Baijnath Prasad, Khurshid Anwar and two others. The relevant allegations, in brief, are that on 24th August, 1993, these accused persons obtained thumb impression and signature of Jamadar Mian (father of the complainant) and took away his Bus on 13th October, 1993. These accused persons are plying the Bus in their Agency.

(3.) This Bus was originally the property of one Md. Yakub who transferred it to Md. Isha. In brief, the case of Md. Isha is that Sri Baijnath Prasad and his associate Khurshid Anwar happened to obtain the thumb impression and signature of his father Jamadar Mian on blank papers and they cheated this revisionist and his father and later on 13th October. 1993. these accused persons took away his Bus and they started plying their Bus in their Agency.