GANESH Vs. STATE

JUDGEMENT

(1.) Ghisu Lal son of Narayan Dhakar of village Arniyan had lodged a first information report No.24 dated May 25, 1977 with the Station House Officer, P.S. Nimbahera that he was robbed of a pair of bullocks by the petitioner Ganesh son of Heeraji of village Karunda whereupon Crime No.25 of 1977 was registered and investigated by the Station House officer of the said Police Station. During the course of investigation, the Officer-in-charge, Police Station, Nimbahera seized the pair of bullocks from the possession of the petitioner Ganesh and thereafter gave a final report of 'no occurence' under S.173, Cr.P.C. to the Judicial Magistrate Nimbahera. This final report was perused by the Judicial Magistrate who decided on July 15, 1977 not to take cognizance of any offence on the police report. In the above final report, the Officer-in-charge of Police Station, Nimbahera had also solicited orders of the Judicial Magistrate, Nimbahera for handing over the possession of the pair of bullocks seized to Ghisulal. The Judicial Magistrate had not passed any order for the disposal of pair of bullocks while accepting the final report of 'no occurence' submitted by the Officer-in-charge of the Police Station, Nimbahera. The S.H.O. Police Station Nimbahera, on a report being called by the Judicial Magistrate reported on January 23, 1978 that after acceptance of the final report, the pair of bullocks were called for from the Supardgar Bhagwanlal Ahir of Mallakheri and in compliance of the orders of the Assistant Superintendent of Police, Nimbahera, he handed them over to Ghisulal son of Narayan Dhakar of village Arniyan.

(2.) On July 27, 1977, Ganesh son of Heeraji of village Karunda made an application before the Judicial Magistrate, Nimbahera that he had purchased this pair of bullocks from Daulat Ram of village Arniyan for a consideration of Rs.4000/- and a writing in that respect was also executed. On the next day or the day next thereafter, Gheesulal who is real brother of Daulat Ram, lodged the above mentioned first information report at the Police Station Nimbahera. The Officer-in-charge of the Police Station registered a case on the report of Ghisu Lal and seized the pair of bullocks from the possession of Ganesh. Subsequently a final report was submitted by the Police to the Judicial Magistrate, It was alleged that the Officer-in-charge of the Police Station had handed over the bullocks to supardgar but about three days before the making of application the Officer-in-charge of the Police Station called for the bullocks from the supardgar and handed them over to Ghisulal. It was pleaded that the Officer-in-charge of the Police Station had no right to handover the bullocks to Ghisulal without any order of the Judicial Magistrate. He prayed that the bullocks may be restored to him. Notice of the application of Ganesh was served on Ghisulal who filed a reply on December 7, 1977.

(3.) Ghisulal stated in his reply that Ganesh neither purchased any bullocks from Daulat Ram nor Daulat Ram voluntarily and out of free will executed any document in that respect in favour of Ganesh. On the contrary, the bullocks of Ghisulal were forcibly snatched by Ganesh, and the latter by exercising undue influence over his brother Daulat Ram, got his signature on a writing. It was stated that amount of Rs.4000/- was not at all given by Ganesh to Daulat Ram. As Ganesh and others had forcibly taken away the bullocks, Gheesulal lodged a first information report with the police. Although the police had given a final report, but it had written in the report that bullocks should be ordered to be given to him. The Judicial Magistrate, Nimbahera accepted the final report submitted by the police. Thereafter the police handed over to him the bullocks according to the order of the court. It was stated that bullocks were handed over to Ghisulal because they belonged to him and not to his brother Daulat Ram.