LADULAL Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Since both the S.B. Criminal Revision Petitions arise out of the same F.I.R. No. 333/01 and common facts are involved in both the revision petitions, hence both are being decided by one order.

(2.) Relevant facts in brief are that the complainant-petitioner Sh. Ladulal submitted a written report at police station Niwai on 5.9.2001 with the averments that he purchased on Commando Jeep No. RJ-26 P 0541 from a Motor Company at Jaipur on 5.1.2000 and got it registered in his name. Thereafter accused respondent Ram Avtar misrepresented to his son Shankar Lal that vehicle Tata Sumo RJ-14 C 2764 belongs to him and exchanged Tata Sumo with Commando Jeep of the complainant and according to sale letter, it was shown that the Jeep was sold to Ram Avtar for a sum of Rs. 1,30,000.00. As a matter of fact Ram Avtar was not the owner of the Tata Sumo, rather the registered owner of Tata Sumo was one Hari Ram Choudhary. Sh. Ram Avtar by misrepresentation sold this Tata Sumo to the complainant and his son Shankar Lal vide agreement. It was also stated in the report that accused Ram Avtar got the signatures of the complainant upon sale letter of Jeep and got the registration of the Jeep transferred in his name and subsequently took away Tata Sumo by making false representation but later on did not return Tata Sumo.

(3.) The case under Sections 420 and 406 I.RC. was registered. During investigation both the vehicles were seized by the police. Tata Sumo was seized by the police station, Kotwali, Chittorgarh under Sec. 102 Cr.RC. and that vehicles was given to its registered owner Sh. Hari Ram on Supardginama by Chief Judicial Magistrate, Chittorgarh.