RADHEY SHYAM Vs. LAXMINARAYAN

JUDGEMENT

(1.) This petition under section 482, Cr. P.C. has been filed against the order of the learned Munsif and Judicial Magistrate, Badi Sadri dated 3/8/1987 whereby the learned Magistrate has ordered to handover the possession of the disputed motor-cycle bearing No. PNB 6073 to Shri Laxminarain on furnishing a surety bond and Superdginama of Rs. 16,000.00 with this condition that he will not change its shape and colour and he will keep it in good condition and if it is found that the accused is entitled to its possession, he will handover its possession to him.

(2.) The facts necessary to be noticed for the disposal of this petition briefly stated are: that non- petitioner Laxminarain filed a complaint in P.S. Nikum on 9/7/1987 that he has purchased one Motor Cycle bearing No PNB 6073 from the petitioner Radheyshyam for a sum of Rs. 15,901.00. He has paid that amout and obtained the possession of the motor cycle. On 2/7/1987 he kept this motor cycle inside his house and closed the doors but when he woke up in the morning, he found the motor cycle missing. After sometime, he was informed that this motor cycle, was being driven by Radheyshyam and, therefore, he went to Nikum and lodged a report on 9/7/1987 in P.S. Nikum. On the basis of that report, the investigation was conducted and a case against the accused was challaned in the Court of learned Munsif and Judicial Magistrate, Badi Sadri for the commission of the offences under sections 457 and 380, IPC.

(3.) During investigation, the motor cycle was recovered and an application for its possession was filed by non-petitioner Laxminarain. A notice was issued to accused Radheyshyam who too has claimed the possession of the motor cycle. The learned lower court, after hearing both the parties ordered that the motor cycle be handed over to non-petitioner Laxminarain who has purchased it from accused Radheyshyam and hence this petition under section 482, Cr.P.C.