RAZIA SULTAN Vs. ROMESH KUMAR VERMA

JUDGEMENT

(1.) The petitioner has challenged order dtd. 3/4/2018 passed by Judicial Magistrate, 1st Class (Sub Judge), Baramulla, whereby the learned Magistrate has released JCB machine No.JK14C-1146 in favour of the respondent.

(2.) It appears that respondent had filed a complaint against the petitioner alleging commission of offence under Sec. 406 RPC. In the complaint, it was alleged that the respondent had assigned the work of laying underground OFC/4G cables from Keran Post to Gujjar Road, Kupwara, to the petitioner and handed over the JCB machine in question to her with a condition that after the execution of the work, she shall hand over the JCB machine to him. It was further alleged that after the execution of the work, the petitioner refused to hand over the JCB machine to the respondent and, as such, she has misappropriate the said property and committed criminal breach of trust.

(3.) Upon receipt of the aforesaid complaint, the learned Magistrate, it seems, recorded the preliminary statements of the complainant and his witnesses, whereafter he deferred the issuance of process and directed SHO, Police Station, Baramulla, to undertake investigation in terms of Sec. 202 of the Cr. P. C. The record further shows that the SHO concerned conducted the investigation and submitted his report before the learned Magistrate. In his report, SHO has submitted that the respondent had handed over the JCB machine in question to the petitioner who retained the same even after the execution of the work as accounts between the parties were not settled. As per the report of the police, there is some misunderstanding between the parties who are levelling allegations against each other. The police during investigation of the case seized the JCB machine and kept it on the suparadnama of the petitioner.