GHULAM NABI MIR Vs. MOHAMMAD AYUB KHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order of Munsiff Judicial Magistrate, 1st Class, Anantnag, refusing to hand over the interim custody of a truck, seized by the police, on a complaint filed by respondent against the petitioner.

(2.) ON Dec. 20, 1977 the respondent filed a complaint against the petitioner, alleging therein, that he had purchased one truck bearing No. 6883 JKB from the petitioner on May 16, 1977, and had paid to him Rs. 55,940/- on that account, and further, that the respondent obtained possession of the truck also, but the same was stolen from his custody by the accused. He therefore, made a prayer in the complaint, that recourse to Section 202, Cr. P. C. be taken, and the truck seized from the custody of the accused. The Magistrate, on taking cognizance of the offence, recorded the statement of the complainant on the same day, and proceeded to pass the following order:

(3.) I have heard the learned Counsel for the parties at length, who also produced before me original documents pertaining to their respective claims, in respect of the seized truck.