SANDEEP MEHTA,J. - (1.) Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the respondent. Perused the material on record.
(2.) By way of this misc. petition under Section 482 Cr.P.C., 1973 the petitioner Shafiq Khan has approached this Court for challenging the order dated 28.9.2016 passed by the learned Special Judge, SC/ST Act Cases, Udaipur in revision whereby the Revisional Court rejected the petitioner's revision and affirmed the order dated 6.6.2016 passed by learned Addl. Chief Judicial Magistrate No.2, Udaipur directing that custody of the Volkswagen Car bearing registration no. DL-4C-AV-5340 (transferred registration no. RJ-27 CE-9040) shall be handed over to the respondent Pankaj Mehta.
(3.) The respondent Pankaj Mehta was handed over the car on Supurdaginama by the trial court on the premise that the same was purchased through money extorted from his son Himan Mehta. However, it is an admitted position on record that the car in question stands registered in the name of the present petitioner. It is also not disputed that the petitioner had lawfully purchased the car and the registration thereof has been transferred to his name. The petitioner is not an accused in the criminal case relating to the alleged extortion from the complainant's son. One of the accused in the said case named Sohail Hussain sold the car to the present petitioner. However, admittedly the case does not involve the offence of receiving stolen property.;