SHYAM LAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Briefly stated, the facts of the case are that a case under Sec. 448 Penal Code was got registered against the petitioner by Mohan Lal Sabu. It was alleged in the FIR that garage belonging to the petitioner - Shyamlal was taken on rent by him. During his absence, his landlord Shyamlal locked the garage and thereby committed offence under Sec. 448 IPC. In the course of investigation, the police seized a car which was found in the garage and locked the garage. On completion of investigation, a chargesheet was laid against the petitioner in the competent court. Thereafter the petitioner moved an application in the trial court with a request to unlock the garage and hand over the possession to him but the trial court has declined to grant relief. Being dissatisfied with this order, the petitioner has filed this criminal Misc. Petition under Sec. 482 Cr.RC.

(2.) Notices were issued to the respondent No. 2 Mohan Lal Sabu, but, the refused to take notice and therefore, the service is complete.

(3.) Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material on record as well as the impugned order.