ABDUL VAHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482 Cr. P.C. challenging the order of the learned Magistrate passed on 3.9.91 Under Section 457 Cr. P.C. entrusting the interim custody of Truck No. RSG 9025 on the Supurdagi of Suresh Kumar, respondent No. 2 arises under the following circumstances:

(2.) ONE Ghasi Lal is stated to be the original registered owner of the vehicle in question. Abdul Vahid. petitioner appears to have purchased the said vehicle from Ghasi lal and became registered owner on thereof in the year 1981. It is alleged by respondent No. 2 that on 12.11.90 the petitioner had agreed to sell the vehicle to him for a consideration of Rs. 2 Lacks and an agreement of the even debt was executed between the parties. In part performance of the said agreement Suresh Kumar is alleged to have paid a sum of Rs. 1 Lack 25 thousand to Abdul Vahid who is stated to have delivered the possession of the said Truck to by Suresh Kumar. A sum of Rs. 65,000/ - is further stated to have been paid by Suresh Kumar to Abdul Vahid.

(3.) THE main stress laid upon by Mr. Anoop Dhand, the learned Counsel for the petitioner Abdul Vahid, is that since the petitioner was the registered owner of the Truck, the interim Supurdagi must have been given by the learned Magistrate to him. On the other hand Mr. Dinesh Kala, the learned Counsel for the respondent Suresh Kumar, has contended that it was after conducting a thorough inquiry into all the relevant facts attending on the execution of the agreement deed and other documents that the learned Magistrate had thought it proper to entrust the interim Supurdagi of vehicle to respondent Suresh Kumar and, therefore, such order does not in any way amount to the abuse of the process of the Court or causes injustice to either of the parties.