ISHAR NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under section 482, Cr. P. C. the petitioner, who was a complainant in the Court below, prays for quashing the order of the learned Munsif & Judicial Magistrate, Nokha dated 19-7-83 passed under section 451 Cr. P. C. whereby he directed the delivery of tractor to the accused non-petitioner Bheira Ram.

(2.) PETITIONER Isharnath had purchased tractor No. R J. R. 5754 from Bhanwara Ram in the month of December, 1977. The registration of the tractor was also made in his favour by the State Transport Department. He also paid the Road-tax and the Insurance amount of the tractor. On 10-7-83, while he was driving the said tractor in a field at village Sarunda, accused non-petitioner Bhera Ram accompanied with five others came to him, used violence and forcibly took away the tractor from him. He immediately lodged a report of the occurrence at Police Station Nokha. The police registered a case and proceeded with investigation. During investigation, the police seized the said tractor. The petitioner and accused Bhera Ram moved applications in the Court below for delivery of the tractor to them. The learned Magistrate after obtaining the report from the Investigating Officer, passed the impugned, order directing the delivery of the tractor to accused Bhera Ram Aggrieved against the said order, the petitioner has approached this Court.

(3.) FOR the reasons mentioned above, the tractor should have been delivered to petitioner Isharnath in whose name its registration stood. The impugned order of the learned Magistrate cannot be, therefore, maintained.