1. Truck No. P.N.E. 5431 was owned by Ishar Singh the present petitioner. It is alleged that S. Lachhman Singh respondent, purchased one half share of the truck by means of an affidavit on payment of Rs. 14,000.00 to the petitioner. He (Lachhrnan Singh) got registered a case under Sections 420 and 406, Indian Penal Code, at police station Kharar against Ishar Singh for misappropriation and cheating. Ishar Singh was arrested by the police and the truck was also taken into possession. Both Ishar Singh and Lachhman Singh filed applications in the Court of the Judicial Magistrate 1st Class, Kharar for the restoration of the truck, but their applications were dismissed. Ishar Singh has filed Criminal Misc. Application No. 45-M of 1973 for setting aside the order passed by the learned Magistrate and to release the truck in his favour on Suparddari.

2. The learned counsel for the petitioner contended that as the truck is registered in the name of Ishar Singh so he is entitled to the custody of the same.

3. Shri R.L. Garg, counsel for respondent No. 3 raised a preliminary objection that this petition is not maintainable, as the petitioner could file a revision against the order of