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1987 Supreme(All) 229

B.L.YADAV
MAHESH PAL SINGH – Appellant
Versus
POORAN SINGH TEWARI AND STATE OF U. P. – Respondent


Advocates Appeared:
A.P.SINGH

B. L. YADAV, J.


( 1 ) THIS revision is directed against the order purported to have been passed under section 101 of the Code of Criminal Procedure, 1973, (for short the Code ). After bearing the parties on 4/5/1987 the revision was dismissed, but detailed reasons were to follow. These reasons are set out below.

( 2 ) THE sequence of events leading to the present revision may be set out below. The opposite party No. 1 alleged to be the owner of Bus No. UTM 410, which was stolen from Farrukhabad lodged an F. I. R. on 12. 1. 81 It was alleged that while the Bus was standing near Bus Stand, Farrukhabad, it was taken by Suresh Kumar, Santosh Kumar and Siya Ram etc. The bus was in fact, seized from Mainpuri district. A search warrant was issued by the Magistrate at Farrukhabad. The said bus was recovered by the police at Mainpuri District from the possession of the present applicant, who was produced before the III Additional Munsif Magistrate, Mainpuri. A photostat copy of the registration certificate of Bus No. UTM 410 with its chassis and engine number was filed. The registration of the vehicle appeared in the name of the applicant. There appears to be no application made on behalf o













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