ARUN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Section 482, Cr. P. C., petitioner has challenged the order dated 5-4-2003 passed by the learned Additional Sessions Judge, Nimbahera refusing to interfere with the order dated 9-1-2003 passed by the learned Judicial Magistrate First Class, Dungla rejecting petitioner's application for delivery of seized Maruti Car under the provisions of Sections 451 and 457 Cr. P. C.

(2.) Briefly stated the facts of the case are that on 31-10-2002, a written report was lodged by one Ramlal at Police Station, Dungla stating inter alia that in the midnight at about 2 a.m., he received a telephonic message from his brother to the effect that some unknown person entered into the house in village Biloda and broke open the doors and committed theft of jewellery. He rushed to the house and found that the almirah was broken and jewellery was taken away. On this report, police registered a case for the offence u/Ss. 457 and 380, I.P.C. and proceeded with investigation. During the Against order of Ganga Ram Moolchandani, learned Addl. District and Sessions Judge, Nimbahera, D/- 5-4-2003. course of investigation, police recovered a Maruti Car bearing. Registration No. RJ 09 / C- 1774. It is alleged that the said car was used in committing theft. The petitioner claiming to be the registered owner of the said vehicle, submitted an application under Ss. 451 and 457, Cr. P. C. for release of the same. The application was rejected by order dated 9-1-2003. Learned Additional Sessions Judge has also rejected the revision petition filed against the said order.

(3.) It is. contended by the learned counsel that both the Courts below have committed error in refusing to deliver the said vehicle simply on the ground that there was suspicion of involvement of the said vehicle in the theft.