KAILASH CHAND MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these petitions under Section 482 Cr.PC are directed against the order of learned Additional Chief Judicial Magistrate, Jaipur City, Jaipur, dated October 20, 1987 as such they are disposed of by one single order.

(2.) THE Police, Thana Kotwali, Jaipur seized vehicle No. MHV 3584 (New number RLX 6045). Kailash Chand Mittal and Ratan Kumari Bhatnagar filed applications before the learned Magistrate for giving the delivery of the said car. Learned Magistrate did not decide the matter on merits and dismissed both the applications at this stage. Learned Magistrate gave a direction that after completing the investigation both the parties would be entitled to move an application afresh for delivery of such car. Criminal Miscellaneous Petition No. 747/87 has been filed by Shri Kailash Chand Mittal and Criminal Miscellaneous petition No. 757/87 by Ved Ratan Bhatnagar in his own name as husband and power of attorney holder of Ratan Kumari Bhatnagar.

(3.) MR . Rastogi, learned Counsel for the petitioner Kaialsh Chand Mittal has raised an objection that Ved Ratan Bhatnagar had no right to file this petition under Section 482 Cr. PC before this Court as he was not an applicant for delivery of the car in question before the learned Magistrate. This objection, in my view, becomes redundant in view of the fact that I am giving a direction to the learned Magistrate to decide the applications filed by Ratan Kumari Bhatnagar and Kailash Chand Mittal.