The lawful possession of property, as determined by a negative final report from the Investigating Officer, negates claims of usurpation or breach of trust.

JUDGMENT

Sandeep Mehta, J. - The instant misc. petition has been preferred by the petitioner-complainant Kishanlal for assailing the order dated 13.08.2019 passed by learned Addl. Sessions Judge No.3, Bikaner in Criminal Revision No.51/15 (CIS No.93/15) whereby the revision preferred by the respondents was accepted and the order dated 20.03.2015 passed by learned ACJM No.3, Bikaner allowing the application of the petitioner under Section 457 Cr.P.C. and directing that the survey machines seized from the private respondents by the Investigating Officer in connection with the FIR No.41/2015 Police Station Naya Shahar, Bikaner shall be handed over to the petitioner, was set aside and it was directed that the survey machines be returned to the respondents on Supurdginama.

2. I have heard and considered the submissions advanced at bar and have gone through the impugned order.

3. Suffice it to say that the aforesated FIR came to be lodged by the petitioner at the Police Station Naya Shahar alleging that he had given the survey machines in question to the respondents on rent basis. On demand being made by the petitioner, the respondents refused to return the same to the petitioner and usurped them. It may be stated here that the claim of the petitioner regarding the machines in question having been given on rent to the respondents was found to be patently false after investigation. The Investigating Officer found that as a matter of fact, the machines had been given to the respondents in terms of a transfer agreement. The IO conducted thorough investigation into the matter and a negative final report was submitted in the court concerned finding that no offence whatsoever was made out from the allegations of the complainant.

4. In this background and as the Investigating Officer has concluded that the respondents have not committed any offence of breach of trust and since they were holding lawful possession of the machines in question, there was no occasion for the learned Magistrate to have directed return thereof to the petitioner. Learned Magistrate made no consideration whatsoever of the important fact that the Investigating Officer had filed a negative final report in the case after investigation.

5. In this background, I am of the firm opinion that the revisional court was absolutely justified in reversing the order of magistrate and directing that the survey machines in question shall be handed over to the private respondents. As a consequence, I find no reason to interfere in the order dated 13.08.2019 passed by learned Additional Sessions Judge No.3, Bikaner in Criminal Revision No.51/15 (CIS No.93/15), which does not suffer from any infirmity, illegality or perversity warranting interference therein. Accordingly, the misc. petition fails and is dismissed as such.