B. R. ARORA, J. - (1.) THIS miscellaneous petition is directed against the order dated May 4, 1990 passed by the learned Munsif and Judicial Magistrate. First Class, Sheoganj, by which the learned Magistrate ordered for the custody of the car No. RSM 6594 to Shri Om Prakash.
(2.) ON February 2, 1990 a First Information Report No. 29/1990 was registered at the police Station, Sheoganj, on the information of Ramesh Chandra under Section 379 I. P. C. It was alleged in this report that Ambassador Car No. RSM 6594 of white colour was stolen in the night. The chasis No. of the car is Hl-238714 and the diesel engine No. is 51061. The police started investigation and seized the car from the possession of Bhikam Chand at Kaliyan. At that time the car was bearing the number plate: MRD 4938. After the seizure of the car Om Prakash and Bhikam Chand, both applied for the custody of the car and the learned Magistrate, by his order dated May 4, 1990, after considering the evidence on record, ordered for the custody of the car on 'supurd GINAMA' to Om Prakash. It is against this order dated May 4, 1990, passed by the learned Munsif and Judicial Magistrate, First Class, Sheoganj that the present petition under Section 482 Cr. P. C. has been filed. I have heard the learned counsel for the petitioner, the learned counsel for the non-petitioner No. 2 and the learned Public Prosecutor and perused the record as well as the order passed by the learned lower Court. After perusal of the record, I am of the opinion that the learned Magistrate, while considering the case regarding the custody of the car during the pendency of the trial, has properly appreciated the evidence on record and the order passed by the lower Court cannot be said to be, in any way, illegal, incorrect or improper. The order passed by the learned lower Court is perfectly just and proper and does not require any interference. The learned counsel for the petitioner has lastly contended that the direction may be issued to the learned trial Court that if an application is moved on behalf of the petitioner for getting the block number engraved on the engine of the car be examined by the Forensic, Science, Laboratory, Jaipur, then the learned Magistrate may get that examined by the F. S. L. In this view of the matter, suffice it to say that if any application will be moved by the petitioner before the learned trial Court, the learned trial Court will consider and decide the application in accordance with law. In the result, this miscellaneous petition filed by the petitioner has got no force and is hereby dismissed. ;