Amaresh Kumar Singh, J. - (1.) Heard the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for non-petitioner No. 5.
(2.) This petition has been filed against the order dated 16.7.1992 passed by the learned Munsif and Judicial Magistrate First Class, Mandal (Bhilwara), whereby the learned Judicial Magistrate directed the petitioner to produce the compressor in the Court and further directed that the same be delivered to the heirs of Hash Mal and Devi Dutt.
(3.) In short the facts of the case are as follows : A compressor was given to the petitioner by Hash Mal, the husband of non-petitioner No. 5 on monthly rent of Rs. 3,000/-. After sometime a First Information Report was lodged by Hasti Mal against the petitioner alleging the commission of offence under section 406 IPC. During investigation the compressor was surrendered by the petitioner. After investigation the police submitted a final report under section 173 Cr.P.C. and mentioned therein that the dispute between the parties was of civil nature and it was relating to payment of money (rental). The learned Magistrate accepted the final report submitted by the Police. Shri Devi Dutt (non-petitioner No. 3) moved an application for obtaining the custody of the compressor on the ground that he had a share with Hasti Mal. Later on that application was not pressed by the counsel of Devi Dutt and, therefore, it was dismissed.;