VINEY MITTAL, J. - (1.) THIS order of mine shall dispose of Criminal Revision petitions No. 706 and 516 of 1994 as both the revision petitions are directed against the order dated May 10, 1994 passed by the learned Sub Divisional Judicial Magistrate, Malerkotla and involve the common question of law and facts.
(2.) TRACTOR No. PUD-8288 was admittedly owned by one Jagroop Singh alias Sarup Singh, deceased. Dalip Kaur petitioner in Criminal Revision No. 516 of 1994 is the mother of aforesaid Jagroop Singh, whereas Jasbir Kaur respondent No. 2 in the aforesaid criminal revision is his widow. Zora Singh respondent No. 1 in criminal revision No. 516 of 1994 (petitioner in criminal revision No. 706 of 1994) on the basis of an affidavit got transferred the registration of the aforesaid tractor in his own name. An FIR No. 51 dated February 10, 1992 was registered against him at Police Station Malerkotla under sections 420, 467, 4687, 472 and 167 of the Indian Penal Code. Zora Singh and Jasbir Kaur, respectively, applied for release of the tractor on superdari. The trial Magistrate allowed Jasbir Kaur to take the aforesaid tractor on superdari vide order dated September 12, 1992. Zora Singh file a revision petition before the learned Sessions Judge. The said revision petition was dismissed. The petition filed by Zora Singh under Section 482 of the Code of Criminal Procedure was also dismissed by this Court. Another application was filed by Dalip Kaur claiming the aforesaid tractor being the original claimant. In the aforesaid application, Jasbir Kaur was never impleaded as a party. Vide order dated May 29, 1993, the learned trial court ordered the aforesaid tractor to be kept in police custody till the disposal of the matter finally with regard to the release of the tractor on superdari by the High Court and till the final decision of the criminal case pending against Zora Singh.
(3.) IT seems that Jasbir Kaur respondent subsequently challenged this order dated May 29, 1993 before this court but the said petition was dismissed as withdrawn vide order dated December 8, 1993. Thereafter, on the basis of the order dated September 12, 1992 which was upheld up-to this court vide order dated December 14, 1994, Jasbir Kaur applied for the superdari of the tractor. Vide order dated May 10, 1994 the learned Sub Divisional Judicial Magistrate allowed the request made by Jasbir Kaur and released the aforesaid tractor on superdari to her on furnishing a bond in the sum of Rs. two lacs.;