RANA PRATAP SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This CRL.M.C. arises out of a petition filed under Section 482 of Cr. P. C. by the petitioner challenging the order dated 24-4-2004 passed by the S. D. J. M.Angul in C. T. case No. 409 of 2004 rejecting his petition under Section 457 of Cr. P. C. and allowing the petition filed under the same provision by opp. party No.2.

(2.) As depicted in the F. I. R. lodged before the O. I. C. of Angul P. S., the petitioner married opp. party No.2 on 10-5-2001 in accordance with Hindu rites and their Caste custom. At the time of marriage a Bajaj Boxer motor cycle bearing Regn. No. 06D/1972 cash of Rs. 80,000/- and other household articles were given to the bride and the bridegroom. Sometimes thereafter the petitioner and his family members demanded Rs.80,000/- more as dowry. When the same could not be complied with they tortured opp. Party No.2 both physically and mentally in many ways. So the F. I. R. As the allegations contained in F. I. R. revealed a cognizable case, Angul P. S. case No. 56 of 2004 was registered for the offence under Sections 498-A/494/34 I. P. C. read with section 4 of D. P. Act against them. In course of investigation of the case, the I. O. seized the Bajaj Boxer motor cycle bearing Regn. No. 06D/7972 along with some other articles from the house of the petitioner.

(3.) While the case was pending, on 29-3-2004 the petitioner filed a petition under Section 457 of Cr. P. C. for interim custody of the said motor cycle inter alia on the grounds that he purchased it on 6-5-2001 from the Authorised Dealer Jamuna Auto India, Angul and accordingly it was registered in his name and that the I. O. seized it from his possession.