N.C. Sharma, J. - (1.) The petitioner Oriental Insurance Company has presented the present petition under section 482 Cr.PC alleging that one Subhash Chandra Goyal had got insured Fiat Car Premier Padwini bearing Registration No. HYJ 34 from the petitioner's Jind Office for the period from 5th May, 1986 to 4th May 1987. On 9th June 1986 Atarsingh, who was driver of this car, boarded Subhash Chandra Goyal owner of the car outside gate No. 3A of Appughar on Mathura Road, Delhi. Atar Singh went away to quench his thirst at gate No 4. When he returned, he did not find the car. He, therefore, lodged a first information report at Police Station Tilak Marg, New Delhi upon which a Crime Case No. 210 of 1986 was registered. The Police gave a final report stating that the car remained untraced. Subhash Chandra Goyal submitted his claim to the petitioner Company in respect of the theft of the car. The petitioner company after verification of the claim paid an amount of Rs. 71,000/- to the insured Subhash Chandra Goyal and obtained a subrogation letter dated October 28, 1986 and a receipt in respect of the payment of Rs. 73,000/- to Subhash Chandra Goyal.
(2.) The petitioner Company came to know that this car had been seized by the Police at Jodhpur and he came to know that this Court had by its order dated October 27, 1987 in S.B. Criminal Miscellaneous Application No. 209 of 1987 ordered the car to be landed over to the non-petitioner No. 2 Asha Ram Sharda. The petitioner had claimed that the car should be handed over to him because it had paid the insured amount to the real owner of the car and had obtained a subrogation letter in his favour.
(3.) Notice of the application was given to the Public Prosecutor and to Asharam Sharda. It was contended on behalf of non-petitioner No. 2 that he had purchased this car from Omprakash for a consideration of Rs. 50,000/- and its previous Registration No. was CIF 1754.;