MOHD. SALEEM Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Heard.

(2.) Petitioner has filed the present petition under Sec. 561-A Cr.P.C. for seeking quashment of the following:-

(3.) In this petition, it has been stated that he is registered owner of a Santro Car bearing registration No. JK02AW-0208, Chasis No.MALAA51HLCM7460058 Engine No. G4HGCM-443586, having white color. The said car was financed by the HDFC Bank Ltd. Jammu as the same was hypothecated and the petitioner was paying the requisite installments and there is no complaint or dispute with the said Bank. That way back in the month of May, 2013, respondent No.1 gave an offer for the exchange of the said vehicle with his vehicle which was Swift alongwith some cash. In this proposed transaction, no doubt, some steps were taken but the said proposal could not mature because of the ill and dilatory intentions of the respondent and thus the proposal given by respondent No.1 was rejected. The wife of the petitioner, namely, Shazia Amin had parked the said Santro Car bearing Registration No.JK02AW- 0208 inside the Govt. Dak Banglow in Poonch City and it was stolen along with its papers as well as Cash amount of Rs.26,000.00. The wife of the petitioner went to Police Station for lodging the report of theft in respect of the car, but the Police for reasons best known to them did not show any promptness in the matter. Thereafter on opening of the Court, the wife of the petitioner at about 10:30 AM on 3/10/2016 submitted her application before the Court of learned Chief Judicial Magistrate, Poonch requesting therein that the Court may direct the Police to initiate action under law. The learned Chief Judicial Magistrate, Poonch endorsed the said application to SHO, Police Station Poonch for investigation under law.