DEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Section 482 Cr. P. C. is directed against the order dt. 26-9-96 of the learned Addl. Sessions Judge, Barmer whereby he dismissed the revision of the petitioner filed against the order dt. 9-9-96, passed by the Judicial Magistrate giving the tractor on 'Superdaginama' to non-petitioner No. 2.

(2.) The relevant facts are that Tiku Ram lodged a report that on 13-2-96 he had purchased the tractor No. RJS 9494 from Jala Ram for Rs. 1,30,000/- but the same was forcibly taken away by Deva Ram (petitioner) on the night intervening 11-8-96 and 12-8-96. On this report a case was registered and the tractor was seized from Deva Ram petitioner. Both Deva Ram (petitioner) and Tiku Ram (non-petitioner) made applications before the Magistrate for handing over the tractor to them. After hearing the counsel for the parties, the learned Magistrate allowed the application of Tiku Ram and directed the delivery of the tractor to him imposing certain conditions. This order was challenged by Deva Ram in revision petition filed before the Addl. Sessions Judge, who by the impugned order dismissed his revision petition.

(3.) Mr. Mahanani, learned counsel for the petitioner, contended that the tractor stands registered in the name of the petitioner and, therefore, he is the best person entitled to the possession of the tractor and the learned Magistrate as also the learned Addl. Sessions Judge have committed error in not delivering the tractor to the petitioner. He placed reliance on the cases of Sikander Beg v. State of Rajasthan, 1993 Cri LJ 1114 (Raj), Uma Ram v. State of Raj, 1997 Cri LJ 2793 (Raj) and Ishar Nath v. State 1984 Raj Cri C 44.