GOPAL LAL Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Learned Chief Judicial Magistrate, Dausa vide order dated 5.4.2004 has dismissed all the three applications moved by the petitioner Gopal Lal as well as non-petitioners Babu Lal and Surendra Kumar seeking custody of bus No. RJ29- R1074 seized in FIR No. 196/2003. Challenging this order, the petitioner Gopal Lal has filed the present petition under Sec. 482 Cr.RC.

(2.) The facts relevant for deciding the petition in short are that on the basis of a written complaint of petitioner Gopal sent to Deputy Inspector General of Police II, Jaipur first information report No. 548/2003 was registered at police Station Dausa under Sec. 379 Penal Code against non-petitioner No. 3 Surendra Kumar. The police after investigation has filed a charge sheet against him in the Court of learned Chief Judicial Magistrate, Dausa.

(3.) Similarly, non-petitioner No. 3 Surendra Kumar also lodged a first information report No. 561/2003 under Sections 420, 467, 468, 471 and 120-B Penal Code against petitioner Gopal Lal, Chiranji Lal and Raju. The police after investigation came to the conclusion that Surendra Kumar sold the bus to petitioner Gopal Lal through a sale letter duly attested by notary. Gopal Lal on the basis of this sale letter got transferred the registration of the bus in his name and on the basis of registration Gopal Lal is the owner of the bus w.e.f. 30.7.2003, which was stolen in the night of 15.4.2003 from Rawan Ka Teeba, Dausa. On the basis of these conclusions the police has submitted final report in the matter.