The main legal point established in the judgment is the recognition of a valid legal oral contract for the sale of the bus, the determination of rightful claim to possession of seized property, and the impact of ongoing investigation on the release of the bus.

JUDGMENT :

Petitioner herein is registered owner of bus No. HP-79-7719 purchased for plying on route Kandher-Bagga-Bilaspur via Kharshi and Baga-Bilaspur via Panjgain 1 RT each daily as per route permit granted by the Authority. He has approached this Court being aggrieved by impugned order dated 21.9.2021 passed by Judicial Magistrate Fist Class, Bilaspur, District Bilaspur, H.P. (herein after referred to as the “Magistrate”) , whereby application preferred by petitioner, under Section 457 Cr.P.C. filed for release of bus along with its key and documents on spurdari, has been dismissed by observing that question of ownership of vehicle is in dispute and investigation in this regard is pending and, therefore, any interim order regarding ownership of vehicle would affect ongoing investigation which is beyond the domain of the Magistrate and further that interim custody of the vehicle during pending inquiry, investigation or trial can be given only when there is no dispute qua its ownership or rightful claim and, therefore, for dispute of ownership in present case, application was dismissed without going into merits of the case.

2. Undisputed facts in present case are that petitioner is registered owner of bus and route permit has been granted by the Regional Transport Authority in his favour to ply the said bus. In January, 2021 an oral agreement to sell the bus along with route permit was arrived at between the petitioner (registered owner) and respondent No. 2 (purchaser), whereby registered owner had agreed to transfer the bus along with route permit for a consideration of 18,09,000/- and bus was handed over to respondent No. 2 on 29.1.2021 and since 30.1.2021 till its possession was taken by the Police, it was being plied by and was in possession of respondent No. 2.

3. It is also an admitted fact that on 26.5.2021, petitioner had lodged a complaint in Police Station Bagga, which was recorded as GDD No. 020 dated 26.5.2021 and in inquiry pursuant thereto, it was concluded by the Police that dispute between the parties was of civil nature regarding payment and receipt of amount in furtherance to their oral agreement to sell and purchase the bus and, therefore, parties were directed to take appropriate steps in the Court to resolve the dispute.

4. It is also an undisputed fact that petitioner had approached the Superintendent of Police, Bilaspur on 7.6.2021 by submitting a complaint and on investigation and verification thereof, through concerned Police Station Barmana, it was concluded that it was a matter of civil dispute related to payment and receipt of consideration of sale. Thereafter petitioner had approached the Magistrate under Section 156(3) of Cr.P.C. and in furtherance to the order passed therein, FIR No. 118 of 2021 was registered in Police Station Barmana under Sections 379, 424 and 506 IPC. Claim of the petitioner was that on 8.5.2021 constructive possession of the bus was handed over to petitioner by respondent No.2 by handing over all original documents and key of the bus, but thereafter respondent No. 2 had taken the bus to unknown place to hide it. It was claim of the petitioner that Police had refused to register an FIR merely stating that the dispute is of civil nature, whereas according to petitioner respondent No. 2 has committed offence of theft by taking the bus somewhere else soon after handing over its constructive possession to petitioner and, therefore, it was alleged that respondent No. 2 has committed an offence of theft by taking away the vehicle from the constrictive possession of the petitioner.

5. As per status report submitted by the Police during investigation in the aforesaid FIR, on 12.8.2021, petitioner had produced copies of documents of bus, i.e. Registration Certificate, Insurance Cover Note and route permit. As per Registration Certificate, petitioner is registered owner of the bus. On 30.8.2021, respondent No. 2 had produced bus along with key and three screen shots of online payment ma