1. Petitioner has invoked the jurisdiction of this Court in terms of the provisions of Section 561-A of Code of Criminal Procedure, (for brevity `Cr.P.C.') for quashing the order dated 21.10.2013 passed by the learned Judicial Magistrate, Pulwama, on the application of Respondent-Mushtaq Ahmad Dar for release of seized tipper bearing registration No. JK13-5511, on the ground that the impugned order has been passed without application of mind ignoring the fact that the petitioner was the registered owner of the seized vehicle entitled to its custody pending inquiry into the allegations in the complaint.

2. It appears that the petitioner approached the court below with a complaint alleging therein that he had purchased the tipper bearing registration No. JK13-5511, in the year 2001, after obtaining the loan from the Bank and engaged the respondent as driver for plying the tipper and submitting its accounts every week to the petitioner. But the respondent had, after adhering to the terms of his engagement for sometime, allegedly committed misappropriation in respect of the vehicle and the income derived from the vehicle. It appears that the learned Judicial Magistrate, after taking cog

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