MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS S.B. Criminal Revision Petition is filed against the impugned order dated 9.5.2002 whereby the learned Additional Sessions Judge, Bandikui, district Dausa set aside two orders dated 21.12.2001 and 25.1.2002 passed by learned Judicial Magistrate, Sikrai and ordered to deliver the tractor and trolley on 'Superdigi' to respondent No. 2 Roop Narayan.

(2.) RELEVANT facts in brief are that one Adisal Gurjar submitted a report at police station Manpur on 6.11.2001 with the averments that at about 2-3 p.m. a number of persons including Sh. Man Singh had a quarrel with him and his brother Ram Phool and Ram Karan and inflicted injuries to them and took away the tractor and the trolley. F.I.R. under Sections 143, 323, 379/34 I.P.C. was registered. During investigation tractor No. RJ-29R-1097 along with trolley was recovered from the house of accused Man Singh.

(3.) THE respondent Roop Narayan filed a criminal revision No. 26/2002 which was allowed by learned Additional Sessions Judge, Bandikui vide order dated 9.5.2002. The facts contained in the revision petition filed before the learned Additional Sessions Judge were that father of one Giriraj Prasad Meena was the registered owner of this tractor and the respondent Roop Narayan had purchased this tractor from Sh. Giriraj Prasad Meena two years prior to filing of this revision as the father of Giriraj Prasad Meena had expired. Thereafter this accused petitioner along with other co-accused took away this tractor by force. The learned Judge came to this conclusion that father of Giriraj Prasad Meena was the registered owner of this tractor. The registered owner died, hence Sh. Giriraj Prasad Meena got his name entered in the registration certificate and thereafter he sold this tractor to respondent Roop Narayan and the name of Roop Narayan was got entered in the registration certificate. It was further observed that according to Section 55(5) of the Motor Vehicles Act, publication of 15 days notice is required prior to transfer of the name in the registration certificate but the name of Roop Narayan was entered by way of transfer before completion of 15 days, hence on this technical ground the name of Roop Narayan was deleted from the registration certificate. The learned Judge further observed that apart from this factual position, the police after investigation came to this conclusion that accused petitioner Man Singh has nothing to do with this tractor. Therefore, the learned Judge allowed this revision of respondent Roop Narayan and ordered to deliver this tractor and trolley on 'Superdigi' to Sh. Roop Narayan on condition of furnishing a personal bond in the sum of Rs. 1,00,000/- and surety of the like amount. The accused petitioner Sh. Man Singh has come before this Court against this order.