HARBANS SINGH RAI,J - (1.) SMT . Premwati widow of Tirlok Chand was filed this petition under Section 482, Criminal Procedure Code, for quashing the orders passed by Additional Chief Judicial Magistrate, Gurgaon, dated April 16, 1988, and confirmed by Additional Sessions Judge, Gurgaon, dated September, 13, 1988, being against law and facts and amounting to abuse of process of Court.
(2.) THE facts leading to this petition are that a tractor owned by Tirlok Chand husband of Smt. Premwati petitioner was taken into possession by the police of Sadar Police Station, Gurgaon, in case F.I.R. No. 88 of 1988, under Section 416/418/420/423, and 471, I.P.C. Tirlok Chand is reported to have died in December, 1987. Lal Singh respondent had allegedly purchased this tractor from said Tirlok Chand on December 16, 1987, and according to Lal Singh Tirlok Chand had executed an affidavit testifying the sale and transfer of the said tractor in his favour. According to the allegations in F.I.R. No. 88 of 1988 (supra). Tirlok Chand had not signed this affidavit. A case F.I.R. No. 88 of 1988 has been registered on these allegations. When the tractor was seized by the police during investigation of the case, Lal Singh moved an application for Sapurdari of the vehicle on the ground of his being the registered owner. Smt. Premwati petitioner had also moved an application for Sapurdari on the ground that she is the widow of Tirlok Chand, last owner of the tractor, and as such she is entitled to the custody of the tractor. She further asserted that Tirlok Chand had never transferred the tractor to Lal Singh. As the tractor belonged to Tirlok Chand, so she was entitled to the custody of the same. Smt. Shanti Devi, mother of Tirlok Chand deceased, also moved an application that she, being mother, is entitled to the custody of the tractor and, therefore, the same may be given to her on Sapurdari. The date of death of Tirlok Chand is also in dispute between the parties, as, according to Smt. Premwati he died on December 13, 1987 and according to Lal Singh he died on December 19, 1987. The alleged affidavit is dated December 16, 1987.
(3.) THE learned Additional Chief Judicial Magistrate ordered the tractor to be released on Sapurdari to Lal Singh. Smt. Premwati filed a revision in the Court of Sessions. The same was dismissed by Additional Sessions Judge vide order dated September 13, 1988. Hence this petition under Section 482, Criminal Procedure Code.;