JOYGOPAL MONDAL Vs. PRATIMA MONDAL

JUDGEMENT

(1.) Challenge is to the Order No.19 dated April 20, 2011 passed by the learned Additional Chief Judicial Magistrate, Rampurhat in G.R. Case No.154 of 2010 arising out of Rampurhat PS Case No.35 dated February 19, 2010 under Section 379/411 of the Indian Penal Code thereby rejecting the prayer of the petitioner for return of the seized vehicle. Upon perusal of the materials on record and on hearing both the sides, I find that two rival claims were made for return of the vehicle. The defacto complainant filed an application for 2 release of the seized vehicle in her custody and the accused no.1 / petitioner herein also prayed for return of the vehicle in his favour. While disposing of the two applications, the learned Additional Chief Judicial Magistrate allowed the prayer of the defacto complainant and rejected the prayer of the petitioner. Being aggrieved by such order, this revisional application has been preferred.