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1983 Supreme(Ker) 67

U.L.BHAT
Vasu – Appellant
Versus
T. Unnikrishnan – Respondent


Judgment :-

Revision petitioner is the complainant in C.C. 249 of 1982 on the file of the Chief Judicial Magistrate, Palghat. The complaint alleged offences under Sections 406, 420, 189, 193, 209 and 211 IPC against the first respondent herein and another person with reference to a tractor of which the registration certificate stands in the name of the first respondent. The case of the complainant was that he purchased the tractor from the first respondent. Subsequent to the complaint, a search warrant was issued and the tractor was searched and produced before the Court. The revision petitioner as well as the first respondent filed claim petitions under Section 451 of the Criminal P.C. The learned Magistrate directed the tractor to be released to the custody of the complainant-revision petitioner on execution of bond and subject to certain conditions. The order was challenged by the first respondent before the Sessions Court Palghat in R.P. No. 42 of 1982. The learned Sessions Judge set aside the order and directed the return of the tractor to the first respondent on bond. It is this order which is challenged in the present revision petition.

2. Learned counsel for the revision pe







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