MANZOOR AHMAD BHAT Vs. ZEBA

JUDGEMENT

(1.) The petitioner has challenged order dtd. 30/9/2021 passed by learned Principal Sessions Judge, Anantnag, whereby the learned Sessions Judge has set aside the order dtd. 27/5/2021 passed by Special Mobile Magistrate, Anantnag (hereinafter referred to as the trial Magistrate). In terms of order dtd. 27/5/2021, the learned Magistrate had directed release of the vehicle bearing No.JK03E-2811 in favour of the petitioner herein.

(2.) It appears that the petitioner had filed a complaint against his brother Altaf Ahmad Bhat before the learned trial Magistrate alleging therein that his vehicle bearing registration No.JK03E-2811 has been stolen by the accused Altaf Ahmad Bhat. It was also alleged in the complaint that the accused was requested by the petitioner to handover the vehicle to him but he threatened the petitioner with dire consequence. It was alleged that the accused took away the keys of the vehicle from the petitioner's son on pretext that he has to carry his wife to a doctor but instead of handing over the vehicle back, he retained its custody. Thus, according to the petitioner, offences under Sec. 379, 406, 420 and 506 of IPC are made out against the accused Altaf Ahmad Bhat.

(3.) Upon receipt of the aforesaid complaint, the learned trial Magistrate, it seems, recorded the preliminary evidence of the complainant and his witnesses, whereafter he deferred the issuance of process and directed Incharge Police Post, General Bus Stand, Anantnag, to conduct the investigation in terms of Sec. 202 of the Cr. P. C. The record further shows that Incharge Police Post, General Bus Stand, Anantnag, conducted the investigation and submitted his report before the learned trial Magistrate. In his report, the investigating officer has submitted that it was found that an agreement for amicable settlement was executed between the petitioner and the accused in presence of respectable persons of the locality but the petitioner resiled from the said compromise. It was also report that the matter pertains to partition of assets between two brothers. During the investigation, statements of certain witnesses were recorded, copies whereof have been annexed to the report of investigation. The witnesses have deposed that the matter relates to distribution of assets between the brothers and the petitioner has resiled from the compromise. They have further stated that the vehicle belongs to the respondent who happens to be the mother of the petitioner.