SIKANDER BEG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petition No. 201/90 has been filed against the order dated 26-4-1990 passed by learned Munsif and Judicial Magistrate, Merta in F.I.R. Case No. 217/89, Police Station, Merta City, while petition No. 215/90 has been directed against the order dated 19-5-1990 passed by learned Munsif and Judicial Magistrate, Jaitaran in F.I.R. Case No. 53/90, Police Station, Jaitaran in respect of the release of Truck No. RSN 1479.

(2.) Since the facts of these petitions are inter-related, those are being disposed off by a common order.

(3.) It appears that on the report of one Sarvan, Crime No. 217/89 was registered on 26-12-1989 at Police Station, Merta City under Ss. 147, 382, I.P.C. and Truck No. RSN 1479 was seized. On 28-12-1989, Sikander Beg and Rashid Khan filed separate applications under S. 451, Cr. P.C. For the custody of the said truck, but the learned Munsif and Judicial Magistrate, Merta by his order dated 4/01/1990 did not consider it proper to pass any order regarding the delivery of the said truck pending the investigation. Aggrieved by the said order Sikander Beg filed S. B. Criminal Misc. Petition No. 69/90 under S. 482, Cr. P.C., which was accepted by this Court vide order dated 23-3-1990 and the learned Magistrate was directed to decide the said applications within a month. Thereupon, Sikander Beg filed another application dated 27-3-1990 under S. 451, Cr. P.C. along with his affidavit and those of Faiyaz, Bundu Khan and Mukim Khan. He also filed the certificate of registration, public carrier permit and motor vehicle insurance cover note pertaining to Truck No. RSN 1479, which stood in his favour. He further filed a copy of his ration card to prove that he lived separately from his father Mahboob Beg.