SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RED coloured Maruti car No. DBD 3420 was stolen at pistol point in broad day light from the factory of Daulat Ram at Mansa. A case under sections 382/506/148/149 of the Indian Penal Code and section 25 of the Arms Act was registered against Nachhitar Singh, Kaka Singh, Surinder Singh and Gurcharan Singh in Police Station, Mansa, on 11th July, 1988 in this regard. In the course of investigation it came to light that Surjit Singh petitioner had forged certain documents and was on their basis claiming ownership of the cat as its purchaser from Leela Ram son of Ramji Das of 26/8 East Punjabi Bagh, New Delhi. Thereafter on 28th September, 1988 offences under sections 420/467/468 and 471 of the Indian Penal Code were also added to the offences under sections 382, 506, 148, 149 of the Indian Penal Code.

(2.) IN Criminal Misc. No. 5809-M of 1988 my learned brother J.S. Sekhon, J., observed on 8th September, 1988, "especially when Mr. S.C. Sibal, learned counsel for the petitioner has given undertaking that the car is being produced and will be produced during the investigation of the case if the Investigator so requires." It is, however, most unfortunate that inspite of the undertaking aforesaid Surjit Singh petitioner took the car to the court compound at Bhatinda and obtained ex-parte Supardari in respect of it from the learned Chief Judicial Magistrate, Shri K.K. Kataria on 13th September, 1988 without any notice either to the Investigating Officer or A.P.P. Learned Sessions Judge, Bhatinda, reversed the orders passed by the learned Chief Judicial Magistrate and ordered that instead of Surjit Singh the car should be released on Supardari to Leela Ram, its registered owner before the alleged sale in favour of Surjit Singh. Surjit Singh petitioner has come to this Court in Cr. Misc. No. 7603-M of 1988 for getting the order passed by the learned Sessions Judge, Bhatinda, set aside and that of the learned Chief Judicial Magistrate restored.

(3.) THE argument advanced is wholly without merit. Offences under sections 420, 467, 468 and 471 of the Indian Penal Code were added on 28th September, 1988, in regard to the Certificate relied upon by Surjit Singh petitioner. Since the truth or falsity of the allegations in this regard is yet to be gone into, it would be futile to make the allegedly forged registration certificate as the basis for releasing the car on Supardari. In result the orders passed by the learned Chief Judicial Magistrate on 13th September, 1988, cannot be restored. Criminal Misc. No. 7603-M of 1988 is thus wholly without merit and is consequently dismissed.