DEEPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This case has a very interesting and chequered history. Chunni Lal and Khuma Ram were initially registered owners of truck RJQ 2633. They sold this truck to one Sari Mohammed on 13.2.1989 and also parted with possession. It appears that when this truck was parked by Sari Mohammed in compound of one Dhoklaram, a theft took place in respect of this truck and F.I.R. No. 31/89 of Police Station Sojat City was registered under section 379, I.P.C. Due investigation was made. The truck in question was seized and the case was challenged in the court of learned Munsif and Judicial Magistrate, Sojat. On 25.2.1989, Chunni Lal and Khuma Ram applied for release of truck on the ground that they were registered owners. Sari Mohammed, who had purchased the truck but in whose favour registiation had not been effected, consented by making a written endorsement on the application that the custody of the truck may be given to registered owners Shri Chunni Lal and Khuma Ram. The learned Magistrate thereupon, passed an order on the same day directing delivery of truck on supurdars to Chhuni Lal and Khuma Ram for two months. It passes my comprehension as to why this rider of two months was added when the trial could not have been completed within the said period. This period of two months expired on 25.4.1989 and the bonds ceased to be enforceable by afflum of time. It appears that mean while, some sort of compromise had also taken place between Safi Mohammed and Dhokla Ram. Eventually, the registered owners Shri Chunni Lal and Shri Khuma Ram sold this truck to the present petitioner Deepa Ram and the Certificate of Registration was effected in name of Deepa Ram on 2 1.11.1992.

(3.) It appears that since trial of the case on the basis of F.I.R. No. 3 1/89 of Police Station, Sojat City is still pending, the learned Magistrate directed Tsuperudars Chhuni Lal and Khuma Ram to product the truck in the court. This truck was produced by Deepa Ram on 23.9.1993 in the Court and Deepa Ram requested the court that the truck may be delivered to him. The learned Magistrate was of the view that since the original owners had committed breach of the bonds by transferring the owner-ship of truck in favour of Deepa Ram, the truck could not be delivered to Deepa Ram.