Honble SAXENA, J.–This petition filed under section 482 Cr.P.C. has been directed against the judgment dated 18.1.1995 passed by the learned Sessions Judge, Jaisalmer, whereby he allowed the appeal filed by non-petitioner Laxmi Chand, set aside the order dated 1.12.1994 passed by the learned Chief Judicial Magistrate, Jaisalmer and directed that Truck No. RJ-15 G 0093 be taken from the possession of petitioner Benidan and his driver Inder Singh and the same be handed over to non-petitioner Laxmichand.

(2). Stated in succinct, the necessary facts for disposal of this petition are that on 22.6.93 the S.H.O., Police Station, Jaisalmer checked truck No. RJ 15 G 0093, which was being driven by Inder Singh, the driver of petitioner Beni Dan. The said driver did not possess the registration certificate, insurance certificate and any other documents pertaining to the said truck. The S.H.O. seized the said truck under section 207 Motor Vehicles Act. On 23.6.94, he submitted a criminal complaint against petitioner Benidan, as the alleged owner of the said truck and Inder Singh, driver in the court of learned Munsif and Judicial Magistrate, Jaisalmer. The case was transferred to the court of learned Chief Judicial Magistrate. On 24.6.94, non-petitioner Laxmichand filed an application under Section 451 Cr.P.C. praying for the interim custody of the said truck alleging that initially the registration number of the said truck was GJ-2-T 7740, that it was registered in the name of Ishwar Bhai, that lateron he purchased the said truck from Ishwar Bhai,that its new registration number is RJ-15 G 0093, and that now he is its registered owner. He further mentioned that the police has now seized the said vehicle and that Beni Dan has also submitted an application for taking the said truck on Supardginama for which he is not entitled. He also mentioned in his application that he has deposited the road tax, that the insurance certificate has been issued in his favour and that if the said truck is given on supardginama to any other person, still then he would be liable for all liabilities being its registered owner. Alongwith his application, he also submitted copy of registration certificate dated 19.11.93, permit for goods carrier valid for the period from 20.12.93 to 19.12.98 and a photo stat copy of the order dated 1.9.93 of the learned Chief Judicial Magistrate passed in Civil Misc. Case No. 392/93, "Beni Dan vs. State & Ishwar Bhai Keshav Bhai Patel", whereby the truck bearing Registration No. GJ - 2T 7740 , which was earlier seized by the S.H.O., Police Station, Jaisalmer under section 207 Motor Vehicles Act, was ordered to be given on supardginama under section 451 Cr.P.C. to its the then registered owner Ishwar Bhai.

(3). Petitioner Beni Dan in his reply dated 30.9.94 as also in his application averred that non-petitioner Laxmi Chand Rathi under the alleged capacity of power of attorney holder of Ishwar Bhai, the registered owner had already sold truck No. GJ 2-T 7740 to him in March 1992 and delivered the possession thereof and that there-after he was in continuous possession of the said truck and plying the same, that earlier on 22.6.93, the said truck was seized by the S.H.O., Police Station , Jaisalmer under Section 207 Motor Vehicles Act and the learned Chief Judicial Magistrate by his order dated 1.9.93 had directed that the said truck be given on Supardginama to its registered owner Ishwar Bhai. He further averred that against the said order dated 1.9.93 he filed a revision petition in the court of learned Sessions Judge, but during the pendency of the said revision petition, a compromise was entered between him and Laxmi Chand and a fresh agreement dated 20.9.93 was executed by them and the possession of the truck in dispute was handed over to him and as such in pursuance of the said compramise, he did not press his revision petition. He further averred that Laxmi Chand filed criminal complaint against him under section 107 Cr.P.C., w

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