CHHAGAN LAL Vs. SHYAM LAL

JUDGEMENT

(1.) PETITIONER Chhaganlal has invoked the inherent powers of this Court under Section 482 Cr. P. C. to quash an interlocutory order passed by the Chief Judicial Magistrate, Jhalawar on May 19, 1982 regarding the interim custody of a tractor No. R. J. Q. 1217 and its trolly No. R. J. Q. 1218 pending the conclusion of the inquiry and trial of a case registered at Police Station, Jhalarapatan on a first information lodged by Smt. Basanti Bai wife of Laxmi Narain.

(2.) FACTS, in brief, as alleged in the petition are that Smt. Basanti Bai wife of Laxminarain lodged a first information report on April 20, 1982 at Police Station Jhalara Patan alleging that eight month prior to that, the aforesaid tractor with its trolly were purchased in the name of her son Shyamlal. While this tractor and trolly were engaged in transporting Bajri from the river Kali Sind, the same was snatched away from its driver by Jagdish who is son of the petitioner Chhaganlal. On this report the Police registered a case under sections 379 and 341 1. P. C. against Jagdish and the tractor with its trolly was seized from the petitioner's house. For the interim custody of this tractor and trolly, three claimants came forward before the Chief Judicial Magistrate Jhalawar and they were the petitioner, Shyamlal son of Smt. Basanti Devi and Central Bank of India, Jhalarapatan. Chhaganlal claimed custody of the tractor and the trolly on the ground that he was the registered owner of this tractor and all the papers relating to these vehicles were in his name and further the hypothecation papers from the Bank were also in his name and he had still to discharge the outstandings of the bank. The Central Bank claimed for the interim custody on the ground that it had advanced loan on the hypothecation of this tractor and trolly and they were hypothecated with the Bank and the Bank is entitled to retain them till their debt was discharged. Claim of Shyamlal for interim custody was that he had purchased this tractor from Madanlal who had purchased the tractor from Chhaganlal and the sale documents had been produced before the Police during the course of investigation. At the time when the incident occurred, the tractor was in possession of Shyamlal. There had also been an accident in which the tractor was seized and it was handed over to Shyamlal by the Judicial Magistrate, Jhalawar for interim custody. He also got the tractor repaired. He has been paying the dues of the Bank also and, therefore, he was most proper person to whom the interim custody should be given of the tractor and the trolly. The Chief Judicial Magistrate, Jhalawar, after hearing the three claimants, passed the impugned order for giving the tractor and the trolly in the custody of Shyam Lal pending the conclusion of the inquiry and trial.