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1999 Supreme(All) 749

M.C.JAIN
SHAFIQ AHMAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
P.N.TRIPATHI, RAHUL SRIPAT SINGH, Satish Trivedi, V.K.Chaturvedi

M. C. JAIN, J.

( 1 ) THE dispute in the present revision relates to Jeep No. BLD 7325. Its interim custody was allowed by the Magistrate concerned in favour of the applicant Shafiq Ahmad, rejecting the application of the opposite party No. 2 Hakeemuddin. On a revision filed by him, II Addl. Session Judge, Azamgarh quashed the order of the Magistrate and permitted the interim custody of the Jeep in his favour (Hakeemuddin ). The applicant Shafiq Ahmad has felt aggrieved thereby and has preferred this revision.

( 2 ) RELEVANT facts lie within a short compass. Shafiq Ahmad was the original owner of the Jeep in question. On his F. I. R. a case under Ss. 406, 506 and 348, I. P. C. was registered at P. S. Deogaon on 15-3-1992 against certain persons including Hakeemuddin. The allegations were that the said Jeep was hired by Hakeemuddin and two others on 11-3-1992 in the evening at Lalganj Bus Station for Rs. 700. 00 for taking it to Mirzapur. Two persons sent by Hakeemuddin took the Jeep with driver to Mirzapur on 12-3-1992 at about 9 P. M. After some time when Shafiq Ahmad reached his house from Lalganj, women-folk of his house informed him that a letter had been received that the Jeep








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