SURYA KUMAR MISHRA Vs. REOTI RAMAN MISRA AND ORA

JUDGEMENT

(1.) PALOK Baso, J. It appears that dispute has arisen concerning the cus tody of the truck bearing registration No. C. P. A. 3079 and during investi gation one Kuldeep Singh was admittedly its erstwhile owner. The dispute presently centers round the point as to whether the said erstwhile owner had transferred the vehicle to the applicant Surya Kumar Misra or the opposite-party Reoti Raman Misra. These two parties appear to be related to each other and there is a dispute concerning ownership right of the truck also. It appears that the truck was seized by the police in pursuance of a report which has been lodged by Reoti Raman Misra and the seizure relegated the parties to the court of Magistrate for its real custody. In the circumstances an application under Section 457, Cr. P. C. was moved by the applicant as well as the opposite party No. I.

(2.) DURING the proceedings under Section 457, Cr. P. C. an application was moved by the applicant S. K. Misra with two prayers. Firstly, the erstwhile owner of the truck Kuldeep Singh should be examined. Secondly, the applicant should be permitted to cross-examine Reoti Raman Misra. By the impugned order dated 29-8-1991 the Magistrate has rejected both the prayers of the applicant. Hence this revision.

(3.) KM. Nihad Moonis learned A. G. A. for the State has, however, said that the impugned order does not suffer from any infirmity and it should be upheld in toto.