JUDGMENT - G.D. KAMAT, J.:---By this petition under Article 227 of the Constitution of India and under section 482 of Criminal Procedure Code the applicant seeks to get the order made by Judicial Magistrate First Class, Mapusa, dated 15th January, 1985 granting possession of a Motor Vehicle bearing No. MWU 2789 to the respondent No. 2 quashed and set aside. By that order the Judicial Magistrate, First Class directed the applicant to produce the said truck before the Court within 10 days from the date of the order and hand it over to the respondent No. 2.

2. When this matter came for admission, rule was granted and status quo was ordered.

3. From the stances taken by the parties it would be convenient to state facts. On 11th June, 1984 the applicant through his representative filed a complaint against the first respondent at the Mapusa Police Station that respondent No. 1 had removed the truck unlawfully and committed theft of the same. Hence the F.I.R. disclosed an offence under section 379 of Indian Penal Code. It is averred in the petition that the applicant is a proprietor of Yesh Constructions, Bombay and as such the owner of that truck bearing No. MWU 2789, that the responde

Click Here to Read the rest of this document