- (1.) The petitioner has preferred this Cr. Revision application under Sections 397 and 401 of the Indian Penal Code for setting aside the order dated 15.12.2003 passed by the learned Chief Judicial Magistrate, Hazaribagh in Sadar P.S. case No. 345 of 2002 whereby and whereunder the court refused to release TATA SUMO No. BR-13P-0248 in favour of the petitioner.
(2.) The petitioners had earlier moved before this Court in W.P.(Cr.) No. 110 of 2003 against the order passed by the Revisional Court below which was dismissed on 17.9.2003.
(3.) The prosecution story in brief is that the opposite party No. 2 lodged F.I.R stating therein that he was the owner of the Tata Sumo bearing No. BR-13P-0248. It was alleged that on 26.8.2002 while he was returning from Ranchi on the said vehicle the petitioner and other accused persons on the point of pistol took the vehicle in their possession, assaulted the driver of the said vehicle and threatened of dire consequences. On the basis of the said report Ramgarh P.S ease No. 345 of 2002 was registered under Sections 341/379/323 and 34 of the Indian Penal Code.;