OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section-482 Crimial P.C. has been filed by the petitioner Om Prakash being aggrieved against the order dated 12-2-1992 of Addl. Munsiff & Judicial Magistrate, Bundi.

(2.) The facts of the case are that Truck No. RJG 5554 was seized by the police in criminal case FIR No. 21/92 which was registered under sections-279 and 304 A IPC. The FIR was lodged at police station Hindaun by Head Constable Satya Narain on Jan. 27, 1992, who had seen the dead body of the deceased, who suspected to have died in an accident by a vehicle.

(3.) The petitioner being the registered owner of the said truck moved an application for the custody. The said application was rejected by the learned Magistrate simply on the ground that the driver of the said truck was not traceable.