- (1.) K. Narayan, J. This criminal revision arises in rather peculiar circumstances disclosing unwarranted activities of the police and other a pathetic attitude of the Magistrate to say the least about that.
(2.) BEFORE proceeding with the revision on merits it may be mentioned that by an order dated 14-5-1990 Additional Chief Judicial Magistrate seems to have had adopted a novel method of disposing of two petitions moved by Shyam Lal and Vijai Kumar claiming custody of tractor and trailer by directing that they may get their rights declared by civil court. The order did not find favour with this Court as both the parties had challenged the same in Misc. Application No. 5754 of 1990 and 8418 of 1990 and consequently by an order dated 20-8-1990, Hon'ble G. P. Mathur, J. directed the Magistrate to record a clear finding and decide the applications. This time some how both the applications were considered by the Judicial Magistrate, Gyanpur and by the impugned order dated 20-6-1991, Supardgi has been directed in favour of Shyam Lal. Aggrieved by this order, Vijai Kumar has again approached this Court under Section 482, Cr. P. C. The learned counsel for the parties have been heard at length and the order of the Magistrate read over along with them. The order dated 20-6-1991, is conveniently silent about the nature of the proceedings in which the applications had arisen. I am afraid the learnsd counsel for the applicant also could not give a proper information during the arguments. Be that whatever it may, I would again better proceed afresh with the facts which are material for the purposes of the present applications. The proceedings before the Magistrate had commenced on Challan report dated 28-4-1990 under the Motor Vehicles Act submitted by the police. The report which was probably submitted by some Sub-Inspector, conveyed certain facts and mentioned the offences asunder Section 87,181, I 7, 192, 194, 196, 207, 129, 114, 115 and 116 of the Motor Vehicles Act. The vehicle involved was said to be a Tractor No. UTN 4237 and Trailer UGZ 842. The facts alleged as constituting offences were rash speed, failure to produce driving licence and/or driving without licence. The accused mentioned in the report has been one Rajendra Chauhan son of Ram Nihore, who was later on shown to be the brother of Vijai Kumar. It also appears that there was coal loaded in the trailer and on 29-4-1990 that is, next day, this coal was given in the Supardgi of Ram Nihor, father of Vijai Kumar and Rajendra Kumar, Claimant and the accused respectively. This it self indicates that the papers were produced before the Station Officer but for the reasons to be guessed only, the tractor and trailer were detained.
(3.) THE guess is to be made from a perusal of the affidavits of the parties projecting their claims for Supardgi. The contention of Vijai Kumar was that he was owner of the vehicle and Shyam Lal may be with others had obtained his signatures on certain papers, namely, an unfilled blank form and a stamp paper on 23-3-1990. For this act, he had also filed a complaint under Section 384, 504, and 506, I. P. C. which was pending. This was the contention which could meet the allegations of transfer put forward by Shyam Lal in his case, which shall be mentioned below.;