MOHAMMED YAKUB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition is directed against the order dated May 15, 1987, passed by the Additional Chief Judicial Magistrate No. 2, Jodhpur, by which the learned Additional Chief Judicial Magistrate ordered for the delivery of the truck No. RRN 7347 to the non-petitioner No 2 Shri Pyare Miya.

(2.) Briefly stated, the facts of the case are that on March 26, 1987, a complaint u/s 392, I.P.C. was filed by Shri Pyare Miya (non-petitioner No. 2) in the Court of the Additional Chief Judicial Magistrate No. 2, Jodhpur, against Mohammed Yakub, alleging therein that he purchased a truck No RRN 7347 from Mohammed Hafeez for a consideration of Rs. 2,23,000/- and paid Rs. 50,000/- and the rest of the amount was to be paid to Mohammed Hafeez. The amount of the outstanding instalments payable to the bank was also, to be paid by him as the truck was purchased under the hire purchase agreement with the bank. It was further stated in the complaint that the possession of the truck was given to him by Mohammed Hafeez and registration certificates, etc. of the concerning truck were also given to him, which are with the lawyer at Bundi and will be produced after sometime. It was further mentioned that originally this truck belongs to Mohammed Yakub, from whom Mohammed Hafeez purchased it for a consideration of Rs. 2,31,000/- and paid an amount of Rs. 55,000/- on February 22, 1986. It was further mentioned in the complaint that on March, 21, 1987, near AKHALIYA CHORAHA, Jodhpur, Mohammed Yakoob intercepted the truck and forcibly took it away from his Driver Sona Ram and Khalasi Akhey Singh. This complaint of the non-petitioner No. 2 was sent u/s 156(3), Cr. P.C. for investigation to the Police Station, Pratapnagar, Jodhpur, and on the basis of this complaint, the police registered a case u/s 392, I.P.C. against Mohammed Yakub, and the police, after necessary investigation, presented a challan u/s 392, I.P.C. against the accused Mohammed Yakub and the police seized the truck No. RRN 7347 from the petitioner. After seizure of the truck, the petitioner Mohammed Yakub as well as the non-petitioner No. 2 Pyare Miya moved application for the delivery of the truck to them. The learned trial Court, by its order dated May 15, 1987, rejected the application of Mohammed Yakub and allowed the application of Pyare Miya and ordered for the delivery of the truck to Pyare Miya. It is against this order that the present application u/s 482, Cr. P.C. has been filed by the petitioner Mohammed Yakub.

(3.) I have heard the learned Counsel for the petitioner as well as the learned Public Prosecutor and the learned Counsel for the respondent No. 2