BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition Under Section 482 Cr.P.C. is directed against the order dated 14.8.2001 of the learned Chief Judicial Magistrate, 1st Class, Jaitaran passed on an application Under Section 451 Cr.P.C. for the release of the truck in F.I.R. No. 31/2001, Police Station, Raipur.

(2.) BRIEFLY stated, the relevant facts are that on a complaint filed by petitioner Bhanwar Lal for the offences Under Sections 420 and 406 I.P.C., an F.I.R. No. 31/2001 was registered against the accused non -petitioner Arjun Puri. During investigation of the case the truck No. RNQ 4601 which was registered in the name of petitioner was recovered. The petitioner moved an application on 14.3.2001 and the non -petitioner moved an application on 13.3.2001 for the release of the said truck on 'Superdiginama' during the pendency of the case but the learned court below refused the application of petitioner Bhanwar Lal and accepted the application of accused non -petitioner Arjun Puri and ordered the release of the truck on 'Superdiginama' in his favour. Hence, this petition.

(3.) HE has placed reliance on following cases: