RAM RAKHA Vs. SAT PAUL

JUDGEMENT

(1.) THIS is a revision by the accused against the order of the Additional Sessions Judge, Jammu. dated 14. 2. 1972 whereby he dismissed the revision petition and affirmed the order of the Chief Judicial Magistrate. Jammu, issuing a warrant under Section 96 of the Code of Criminal Procedure. The facts which are relevent for the disposal of this petition are very short and are set out hereunder:

(2.) SAT Paul, respondent, filed a complaint against the petitioner with the allegations that Ram Rakha, Petitioner, along with Shrimati Ram Piari, was the owner of Bus No. JKN 5635. As the accused petitioner and his partner Ram Piari wanted to dispose of the said vehicle so the petitioner persuaded the complainant to purchase the said bus and enter into a transaction of sale. It was alleged further that the petitioner had handed over the possession of the said bus to the complainant respondent on 18. 8. 1971 even before an advance of Rupees 28,000/-had been made to the accused-petitioner on 13. 11. 1971 The allegation with regard to the commission of an offence as made by the respondent in the complaint was that the bus had been parked in the New Adda on 26. 11. 1971 from where the accused committed the theft and took away the bus into his possession. The learned Magistrate after recording the statement of the complainant and perusing the documents filed with the complaint issued a bailable warrant against the accused petitioner on 2. 12. 1971.

(3.) ON 3. 12. 1971 Sat Paul, respondent, moved the trial Magistrate by means of a petition wherein he alleged that the service on the petitioner had been effected by means of the warrant issued by the Court and after the same the petitioner accused is trying to take away the bus in dispute somewhere outside the State and thereby wants to destroy the prosecution evidence. The respondent prayed that the said bus may be confiscated. The trial Magistrate after hearing the applicant ordered a search warrant under Section 96 of the Code of Criminal Procedure to be issued and sent the same to the S. H. O. Police Station, Saddar. for compliance.