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2009 Supreme(Raj) 1560

MANAK MOHTA
Atma Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Rakesh Matoria, Advocate.
For the Party: Vishnu Kachhawaha, Public Prosecutor.
For the Respondent No. 2:Narpat Singh, Advocate.

JUDGMENT

1. - The instant revision petition has been filed by the petitioner against the order dated 28.08.08 passed by the learned Sessions Judge, Bikaner in Revision Petition No.113/2008 filed by respondent No.2 Vikram Singh, by which the learned Sessions Judge allowed the revision petition and reversed the order passed by of learned Judicial Magistrate, Bikaner with regard to handing over the vehicle on Supurdginama, which was recovered in connection with FIR No.75/2008 under sections 380, 381, 420/120-B IPC.

2. The brief facts of the case are that on the complaint of respondent No.2 Vikram Singh , a case vide FIR No.75/2008 was registered under sections 420, 380, and 381/120B IPC stating interalia that he purchased vehicle on 27.06.2006 through an agreement to sale by Baljinder Singh after paying consideration of Rs. 2,11,000/-. One Shubhkaran was his servant, who took away the jeep from Surender Mistri, to whom jeep was given for repairing. He further alleged that Shubhkaran, with an intent to grab the jeep, took away the jeep from Surender Mistri and with the connivance of other accused, prepared forged documents. The police investigated the matter and recovered the said jeep










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