RAMAVTAR Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This Misc. Petition under Section 482 Cr.P.C has been filed against the order dated 12.6.2012 passed by the Addl. Chief Judl. Magistrate Bayana whereby the application of the petitioner under section 451/457 Cr.P.C has been rejected and trolley has been released to respondent no.2 on Superdginama.

(2.) The short facts of the case are that respondent no.2 filed a report for the offence under section 406 IPC against the present petitioner. After investigation, police filed a negative report that no incident has taken place and the matter is of civil nature. Trolley was seized during the investigation. The present petitioner and respondent no.2 both moved applications to have the custody of the trolley. The court below has rejected the application of the present petitioner and allowed the custody of the trolley to the respondent no.2 and hence this petition.

(3.) The contention of the present petitioner is that admittedly no offence has been committed by him in relation to the trolley, negative final report has been filed in his favour and it is not in dispute that during investigation, the trolley was seized from his possession hence the trolley should be released in his favour but the court below has considered the fact of the ownership of the trolley which was not within the domain of the court below in the proceedings under section 457/451 Cr.P.C The order is illegal and should be set aside. Reliance has been placed on Shahabudden vs State of Rajasthan and ors,1994 1 RLR 742, Hari Mohan Agarwal vs State of Rajasthan and Anr.,1996 2 RLR 595