UMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition has been filed under Section 482, Cr. PC. By the petitioner against the impugned order dated 14-7-95 passed by the learned Addl. Chief Judicial Magistrate, Deedwana in connection with F.I.R. No. 48/95 thereby accepting the petition of non-petitioner No. 2 Govind Prasad alias Bhagirath and thereby releasing the disputed jeep on his 'supurdginama' in the sum of Rs. 1,50,000/-.

(2.) At the very out set, it may be stated that, admittedly, the present petitioner lodged a complainant in the Court of the Addl. Chief Judicial Magistrate, Deedwana, wherefrom the same was forwarded to the Police Station, Bardwa under Section 156(3), Cr. P.C. for registration and investigation of a case and, accordingly, F.I.R. No. 48/95 under Section 379, I.P.C. was registered and, during investigation of the same, the disputed jeep was seized from the possession of non-petitioners No. 2 and 3 and taken into police custody and, lastly, holding that the dispute between the present parties was of a civil nature and so final report (negative) was filed in the said Court.

(3.) Similarly, though quite belatedly, on 3-6-95 Govind Prasad, from the non-petitioner's side is alleged to have lodged a complainant under Sections 406/420, I.P.C. etc., against the petitioner but nothing appears to have come out positively, even after the same was ordered to be returned to the non-petitioner No. 2.