The need for fresh evidence to establish the identity of disputed cars and resolve ownership disputes.

ARVIND SINGH SANGWAN, J.

1. Prayer in this petition is for quashing the orders dated 12.05.2016 (Annexure P1) passed by the trial Court vide which the application of the petitioner for releasing the Swift car bearing No.CH01-AG-2727, chassis No.MA3FSE81S00290097, engine No.D1DA1455801, was dismissed as well as the order dated 03.03.2017 (Annexure P2) passed by the Additional Sessions Judge/Revisional Court vide which the revision filed by the petitioner was also dismissed.

2. Brief facts of the case are that the petitioner is the registered owner of a white colour Swift diesel car bearing No.CH01-AG-2727, chassis No. MA3FSE81S00290097, engine No.D1DA1455801. The said car was stolen from a marriage palace at Barnala on 12.05.2013 and an FIR No.39 dated 12.05.2013 under Section 379 IPC was got registered by the petitioner at Police Station Dhanaula, District Barnala. The car was later on recovered by the police in another FIR No.68 dated 13.06.2006 registered under Sections 379, 411, 467, 468, 471 IPC at Police Station Jhunir and was parked in the police station as case property in the said case. The petitioner on coming to know this fact moved an application before the concerned Illaqa Magistrate for taking the superdari of the said car and the Sub- Divisional Judicial Magistrate, Sardulgarh called for a report of the police. The police submitted a report dated 15.01.2014 (Annexure P8) and the operative part of the same read as follows:-

“Sir,

It is submitted that in case No.06 dated 13.06.2006 under Sections 379, 411, 467, 468, 471 IPC, P.S. Jhanir a white color Swift Desire No.CH-01AB-3916 had been recovered from the accused Paramjit Singh etc., on 25.12.2013, whose engine No.K12MN1019801 and chassis No.MA3ESKDIS00236261 was written tampered, whose engine number is D13A1455801 and chassis number is MA3FSE81500290093 and registration number if CH-01-AG-2727. The engine number and the chassis number had been changed and on the rear glasses of the car the vehicle number is written to be CH-01-AG-2727 and as per the original bill of the battery it had been found that the battery purchased by them is installed in the car. That from the number written on the glasses of the car and as per the bill of the battery the owner of this car and the RC owner of this car is Karan Mangla S/o Sh. Vinod Kumar, City Barnala and the Local Police had no objection in giving this vehicle on supardari to him. Photocopy of the RC of the car and the bill of the battery is attached. The report is submitted.

Sd/-

Harbans Singh ASI,

SHO, P.S. Jhanir

15.01.2014”

3. The Court, relying upon the report of the police, thereafter, released the said vehicle on superdari in favour of the petitioner vide order dated 20.01.2014 (Annexure P9).

4. Counsel for the petitioner has submitted that in pursuance to the order dated 20.01.2014 when the petitioner requested the SHO, Devinder Singh – respondent No.4 to release the car, he refused and demanded bribe and on that account, the petitioner submitted a complaint dated 22.01.2014 (Annexure P10) before the concerned Court. Later on, the matter was settled between the petitioner and respondent No.4 and the petitioner withdrew his complaint, however, respondent No.4 got the revision filed against the order dated 20.01.2014 before the Revisional Court by twisting the facts after a period of 05 months. The Revisional Court vide order dated 10.10.2014 allowed the revision and remanded the case back. In the meantime, the respondent No.5 also moved an application before the trial Court claiming that he is the registered owner of the vehicle in dispute as per the application (Annexure P12).

5. Thereafter, the trial Court vide its order dated 12.05.2016 released the vehicle in dispute in favour of respondent No.5 – Darshan Singh. The petitioner filed a revision before the Additional Sessiions Judge and the same was also dismissed vide order dated 03.03.2017.

6. The petitioner has challenged the aforesaid orders on the grounds that