CHANDAN SIAGH Vs. INDRA MOHAN JHA

JUDGEMENT

(1.) The petitioner Chandan Singh (Minor) is one of the claimants of the disputed Ambassadar Motor Car B. R. F. -6720. The opposite party Indra Mohan Jha is the other claimant. On information given by Indra Mohan Jha the Jandaha police seized that Car on 12-10-1978 in Jandaha Bazar from the possession of the driver Hari Singh and instituted a criminal case under section 406, Penal Code (Jandaha Police Station Case No. 7 dated 12-10-1978. G. R. Case No. 1488 of 1978). The Chief Judicial Magistrate, Hajipur by his order dated 14-2-1979 released that car in favour of the informant Indra Mohan Jha on his furnishing a bond of Rs. 15,000 with two sureties of the like amount each and on his understanding to produce it before that court or before the trial court if and when so directed. Being aggrieved by that order, the petitioner Chandan Singh went in revision the Sessions Judge, Muzaffernagar the same being Criminal Revision No. 26 of 1979. The revision was dismissed on 19th April, 1979 by the Sessions Judge. Then this miscellaneous application was filed by the petitioner Chandan Singh in this Court.

(2.) Mr. Sachidanand Jha appearing for the opposite party raised a preliminary objection that the present application which has been labelled under section 482 of the New Code of Criminal Procedure (briefly, the Code) is incompetent being barred by the provisions of section 397 (3) of the Code.

(3.) The question to be determined, therefore, is whether this application for invoking the exercise of inherent power of this Court is maintainable in face of the provisions of sub-section (3) of section 397 of the Code. That sub-section runs as under :