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1989 Supreme(Ori) 316

J.DAS
BALARAM NAYAK – Appellant
Versus
BIJAYA KUMAR NAYAK – Respondent


Advocates Appeared:
G. Bohidar, S.K. Mund and D.P. Das, for the Appellant; J.P. Mishra, B.P. Parida and A.K. Mahakud, for the Respondent

JUDGMENT :

J. Das, J. - This criminal revision arises out of the revisional order dated 7-9-1987 passed by Sri G.R. Dubey, Sessions Judge, Bolangir in criminal revision No. 62 of 1987 allowing the revision and setting aside the order dated 17-7-1967 passed by the Sub-Divisional Judicial Magistrate, Sonepur in ICC Case No. 24 of 1987 directing to keep the motor vehicle in question in the zima of the accused who is the Petitioner in-this revision.

2. The motor vehicle in question is a truck bearing registration No. ORU 5767 and the said truck was in possession of the accused Balaram Nayak.

3. The complainant Bijaya Kumar Nayak at first lodged an F. I. R. in the Sonepur Police Station alleging that he is the owner of the truck bearing registration No. ORU 5767 and the said truck was forcibly removed by the accused Balaram Nayak (Petitioner) to his Saw Mill. As the police did not take any action, the complainant filed a complaint alleging that he is the owner of the truck bearing registration No. ORU 5767 and the registration certificate stands in his name. The complainant further alleged that the accused (Petitioner) is his adoptive father and he (complainant) was residing with him since
































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