BHEEM RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under section 482, Cr. P. C. is directed against the order dated November 9,1989, passed by Chief Judicial Magistrate, Jalore, by which the learned Chief Judicial Magistrate ordered to deliver the truck No. G. R. W. 304 to Sushila Devi the power of attorney-holder of Shri Chunni Lal.

(2.) THE brief facts of the case arc that the petitioner Bheem Raj purchased the truck No. G. R. W. 304 for a consideration of Rs. 1,55. 001/- from Shri Kishori Lal S/o Shri Basti Mal on June 26, 1986 and paid an amount of Rs. 50,001/-on that day and the remaining amount was to be paid in three instalment, consisting of Rs. 20,000/- payable January 1, 1989, Rs. 30,000/- payable on December 15, 1989 and the remaining 55,000/- were to be paid on monthly instalments of Rs. 4000/-, each. THE balance amount was to be paid by interest-free instalments. An agreement was executed on June 26, 1989 and the possession of the truck was delivered by Shri Kishori Lal to Shri Bheem Raj on the same day. On October 11, 1989, Shri Kishori Lal lodged a first information report at police Station, Jalore, to the effect that he sold the truck No. G. R. W. 304 to Shri Bheem Raj Soni for a consideration of Rs. 1,55,001/- and Shri Bheem Raj Soni paid a sum of Rs. 50,001/- on the same day and the remaining amount was to be paid subsequently in instalments, but he has not paid the balance amount and has changed the Chassis number and engine-number and has obtained a false Registration Certificate etc. It was also mentioned that he has changed the registration number, also. On the basis of this report, a case under Section 420, 467,468, 471/20-B, I. P. C. was registered against the petitioner and the truck was seized. After the seizure of the truck, Shri Kishori Lal as well as the petitioner Bheem Raj. both moved application under section 451, Cr. P. C. , for delivery of the truck to them and the learned Civil Judge cum Chief Judicial Magistrate, Jalore, rejected both the applications. THE application filed by Shir Bheem Raj was rejected by the order dated October 24, 1989, while the application filed by Shri Kishori Lal was rejected earlier to that. THEreafter application under section 457, Cr. P. C. were moved and the learned Chief Judicial Magistrate, by his order dated November 9, 1989, for the delivery of the truck to Smt. Sushila Devi - the power of Attorney-holder of Shri Chunni Lal, on certain conditions this is against this order that this miscellaneous petition under Section 482, Cr. P. C. has been moved.

(3.) IN the result, this miscellaneous petition is allowed and it is held that the petitioner is better entitled for the delivery of the truck No. G. R. W. 304. The respondent No. 2 is directed to produce the truck in the Court of the Chief Judicial Magistrate, Jalore, within a period of one month from today, failing which the learned Chief Judicial Magistrate will be entitled to proceed against her in accordance with law. .