ATMA RAM Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner against the order dated 28.08.08 passed by the learned Sessions Judge, Bikaner in Revision Petition No.113/2008 filed by respondent No.2 Vikram Singh, by which the learned Sessions Judge allowed the revision petition and reversed the order passed by of learned Judicial Magistrate, Bikaner with regard to handing over the vehicle on Supurdginama, which was recovered in connection with FIR No.75/2008 under sections 380, 381, 420/120-B IPC.

(2.) The brief facts of the case are that on the complaint of respondent No.2 Vikram Singh , a case vide FIR No.75/2008 was registered under sections 420, 380, and 381/120B Penal Code stating interalia that he purchased vehicle on 27.06.2006 through an agreement to sale by Baljinder Singh after paying consideration of Rs. 2,11,000.00. One Shubhkaran was his servant, who took away the jeep from Surender Mistri, to whom jeep was given for repairing. He further alleged that Shubhkaran, with an intent to grab the jeep, took away the jeep from Surender Mistri and with the connivance of other accused, prepared forged documents. The police investigated the matter and recovered the said jeep . The police, after thorough investigation, filed challan against Shubbhkaran, Vikas Sharma and Atma Ram, the present petitioner, under sections 420, 467, 468, 471 and 120-B IPC. During investigation, the record of the said vehicle No.RSC-7378 was examined.

(3.) The complainant Vikram Singh moved an application for handing over the concerned vehicle, before the learned Judicial Magistrate, on the basis that by way of said agreement dated 27.06.06 he has purchased the vehicle after paying consideration and he is the rightful owner. On the other hand, the present petitioner also moved an application on the strength of being registered owner of the said vehicle and prayed that vehicle be handed over to him.