Dharam Chand Chaudhary, J.

The challenge herein is to the order Annexure P-3, in an application under Section 451 Cr.P.C., passed by learned Judicial Magistrate 1st Class, Rampur, Distt. Shimla filed by complainant M/s Hydro Construction Power through its Manager Shri Megh Singh Thakur and another by accused Naresh Kumar in FIR No. 60/12 dated 26.06.2012 under Sections 451, 379, 506 read with Section 34 of Indian Penal Code, Police Station, Jhakri, Distt. Shimla, one of Directors of M/s Tripura Colonizers Pvt. Ltd. whereby the custody of the vehicle i.e. Transit Mixer bearing registration No. HP-49A-0238 has been entrusted to the complainant.

2. The legality and validity of the impugned order has been assailed by the accused-petitioner on the grounds inter-alia that custody of the vehicle could have not at all been given to the complainant, being not lawful owner whereof nor in lawful possession. On the other hand, accused-petitioner is a registered owner of the vehicle and the same is also insured vide registration policy in its name. Not only this but, it is the accused which has been paying all the taxes in respect of the vehicle. The vehicle, as a matter of fact, was park