AB HAMID KACHROO Vs. GH HASSAN JAFRI

JUDGEMENT

(1.) PETITIONER is the registered owner of the Motor Vehicle bearing Registration mark and No. JKD -2581. The respondent is alleged to be the Driver of this vehicle, who drove the vehicle, who drove to Kargil unauthorisely by deception. Petitioner filed a written complaint before Chief Judicial Magistrate Srinagar on 21.8.96 with incriminating allegation of deception and theft of the vehicle against in the accused respondent. The Judicial Magistrate (City Munsiff Srinagar) to whose file the complaint was transferred, after recording the statement of complainant and the witness, referred the matter to concerned Police under Section 202 Cr. P.C. for inquiry. During the enquiry, the vehicle was seized by the police. The Judicial Magistrate (Sub -Registrar) Srinagar released the vehicle on 26.09.1996 to the petitioner on superdnama.

(2.) ON completion of inquiry under section 202 Cr. P.C. the report was presented before the Judicial Magistrate (City Munsiff) Srinagar. The Magistrate dismissed the complaint and released the vehicle to accused. This order of 16 -11 -1996 was challenged in revision before the Court of 1st Addl. District and Sessions Judge, Srinagar. The 1st. Addl. District and Sessions Judge Sringar found the order of dismissal of complaint and disposal of the truck beyond pale of law and has come to the conclusion that both orders are illegal. The Court of reference has recommended that the order regarding dismissal of complaint and disposal of property may be quashed. The reference with reasoned order alongwith the entire record is before the Court.

(3.) THE respondent is not appearing despite opportunities. In the over all circumstances of the case, the presence of respondent is dispensed with.