HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482, Cr.PC is directed against the order of the learned Additional Chief Judicial Magistrate Bundi, dated 8th October, 1986.

(2.) BRIEF facts of the case are that tractor No. RJC 2683 was seized by the S.H.O., Police Station Talera in connection with a case registered on First Information Report No. 83/1986 under Sections 420 and 406, IPC. The petitioner filed an application under Section 451, Cr.PC in the Court of Additional Chief Judicial Magistrate, Bundi for delivering the tractor to him One Harjendra Singh also filed an application for giving the tractor on 'Supurdginama' and the 3rd application was submitted by the Manager, Bank of Baroda, Talera for the same purpose. Learned Additional Chief Judicial Magistrate dismissed all the three applications by his impugned order dated 8th October, 1986. The petitioner Heera Lal aggrieved against the aforesaid order has filed this petition under Section 482, Cr.PC.

(3.) THE case of the petitioner Heeralal is that on 5th August, 1986 his driver Bheru Singh was taking goods in the petitioners' tractor No. RJC 2638 and trolly No. RND 6130 from Aklera to Churelia. The Police, Aklera seized the above tractor and trolly under Section 102 of the Code of Criminal Procedure. On coming to know about the seizure of the above tractor and trolly/ the petitioner filed an application under Section, 451 Cr. PC in the Court of Munsif and Judicial Magistrate, First Class, Akkra for giving the custody of the tractor and trolly to the petitioner. The learned Magistrate vide order dated 25th August, 1986 ordered the same to be given in the custody, of the petitioner on his furnishing security and 'Supurdginama'. In compliance of the said order the petitioner submitted security bond and 'Supurdginama' and an order was issued by the learned Magistrate to the SHO, Aklera to give delivery of the said tractor and trolly to the petitioner. When the petitioner went to the Police Station, Aklera with the order dated 25th August, 1986, for taking the delivery of the tractor and trolly, he was informed that the SHO, Aklera was not there and the petitioner was asked to come to the Police Station the next day. The petitioner left the order of the learned Magistrate at the Police Station and came back.