SHYAM SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the order passed by Additional Sessions Judge, Deeg, dated 27 -4 -1985, whereby he set aside the order by Judicial Magistrate, Bayana dated 30 -1 -1985, directing the custody of vehicle No. RSD 3681 to Shyam Singh and now ordered by revisional court to be delivered to Prem Chand.

(2.) THE aforesaid vehicle was seized by police in relation to the investigation of criminal case No. 12/85 registered at Police Station Bayana on 16 -1 -1985, on a report lodged by petitioner, Shyam Singh, where in he gave details about the disputes in respect of the vehicle and also bringing out a case of cheating. An application under Section 457 Cr. PC was filed which, as mentioned above, was decided in favour of the petitioner. The revisional court reversed this order on the ground that Prem Chand is the registered owner of the vehicle and the final report has also been submitted by the police.

(3.) LEARNED counsel appearing for non petitioners No. 2 and 3 supported the order of the Additional Sessions Judge, submitting that order is not interlocutory in nature but is a final order, and, therefore, the revisions was maintainable. It has been submitted that the criminal case has been falsely lodged after 7 months to mount pressure on non -petitioners. who have -been depositing regular instalment in the Rajasthan Financial Corporation. It is, therefore, submitted that non petitioner No. . 2 is the only rightful claimant of the vehicle.