LAWS(J&K)-2022-4-90

SHABIR AHMAD BEIGH Vs. BASHIR AHMAD BHAT

Decided On April 05, 2022
Shabir Ahmad Beigh Appellant
V/S
Bashir Ahmad Bhat Respondents

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by the respondent against him before the Court of Judicial Magistrate Chadoora, wherein commission of offence under Sec. 379 RPC has been alleged. Petitioner has also challenged order dtd. 23/5/2019 passed by learned Judicial Magistrate 1st Class Chadoora, whereby, a direction has been issued to SHO Police Station Chadoora to seize the vehicle which is subject matter of the aforesaid complaint.

(2.) I have heard learned counsel for the parties and perused the material on record.

(3.) In the complaint it is alleged that the petitioner-accused has stolen vehicle bearing registration No.JK04-E/2618 (i-20 Hyundai). Trial Court record reveals that vide order dtd. 16/4/2019, learned trial Magistrate has, after taking cognizance of the offence, postponed the issuance of process against the accused and directed the SHO P/S Chadoora to conduct the investigation, so as to ascertain the truth or falsehood of the allegations made in the complaint. It appears that even before the completion of the inquiry and prior to receipt of inquiry report, the learned trial Magistrate, on the basis of an application filed by the complainant, passed the impugned order dtd. 23/5/2019 directing the SHO P/S Chadoora to seize the vehicle in question from the custody of the petitioner-accused.