S.S. Saron, J

1. This criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' -for short) seeking quashing of the order dated 15.9.2007 (Annexure-P.3) passed by the learned Sub Divisional Judicial Magistrate, Khanna whereby the Tata 407 vehicle bearing registration No.PB-10-BG-1608 has been ordered to be released on `sapurdari’ to Parminder Singh (respondent No.2) on his furnishing `sapurdari’ bond in the sum of Rs.5 lacs with one surety in the like amount, undertaking not to dispose of the vehicle and to keep the vehicle intact and produce the same in Court as and when required during the trial of the case. A direction is also sought to give the possession of the said Tata 407 vehicle to the petitioner.

2. The case set up by the petitioner is that he purchased the Tata 407 vehicle in question from one Kesar Singh son of Gurcharan Singh for consideration. The registration certificate of the vehicle as also affidavit dated 21.2.2007 of the seller that he had received the full and final payment was given to him. The possession of the vehicle was also given to the petitioner by Kesar Singh. On the basis of the affidavit of