- (1.) B. R Singh j. This is an application for revision against the judgment and order dated 6th July, 1990 passed by the Chief Judicial Magistrate, Mirzapur, in Criminal Case No. 2303/90 (State v. Deoraj Prasad Patel) under Section 406/420/379/411, I. P. C.
(2.) DEORAJ Prasad Patel, opposite party No. 2, is facing prosecution in the Court of the Magistrate, Mirzapur for the offences under Section 406/420/379/411, I. P. C. and a charge-sheet has been filed against him in the case. Tata Mercedez Truck No. UPL 7947 (Chassis No. 342050 7617858 and (Engine No. 3120787618370) was initially purchased by one Ajit Lal and the truck in question was registered in his name. Murlidhar applicant purchased the truck in question from Ajit Lal for a consideration of Rs. 71. 000/ -. As the applicant was short of money, he had taken financial assistance from Paras Financing Company of Mirzapur. Thereafter, Paras Financing Company took away the truck in question illegally without any authority and with the intention to misappropriate the same. The applicant stated the search for his truck and after a gap of one year, he came to know that Paras Financing Company had delivered the truck in question to Deoraj Prasad Patel, who had subsequently changed the chassis number of the truck and had obtained a fresh false and fictitious registration USB 4622 from the Regional Transport Officer, Deoraj Prasad Patel runs a motor garage and is an expert Mistri. Taking advantage of his technical knowledge, Deoraj Prasad Patel em bossed another number upon the old number of the chassis. Initially, registration No. USB 4622 was given to the truck having Chassis No. 3420026615338 and Engine No. 3129156615536. The task of finding out the truck of the applicant was a difficult one and it was after much effort that the applicant was certain that his truck was now registered as USB 4622. Consequently, a F. I. R. was lodged by the applicant against Deoraj Prasad Patel in P. S. Chunar and a case Crime No. 357/87 was registered against Deoraj Prasad Patel under Section 406/420/379/411, I. P. C. The Police started investigation and recovered the Truck in question from the possession of Deoraj Prasad Patel. After obtaining the possession of the truck in question, the police ascertained from R. T. O. , Gorakhpur as to what was the correct chassis number of the vehicle bearing registration No. USB 4622. the R. T. O. , Gorakhpur informed the police that the present chassis number of the truck bearing registration No. USB 4622 did not tally with the chassis number of the original registration No. UPL 7947. The report of the R. TO. , Gorakhpur was to the effect that the present chassis number of the Truck bearing registra tion No. USB 4622 does not tally with the chassis of the same Truck which was in their record.
(3.) IN the meantime, the applicant, Deoraj Prasad Patel and the Financing Company applied in the Court of the Magistrate concerned for the release of the Truck. INitially, all the applications were rejected by the Magistrate. The Investigating Officer of the case applied to the Court for permission to send the seized Truck to Vidhi Vigyan Prayogshala, Lucknow, for radiological test so that the original chassis number of the truck in question could be ascertained.;