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1955 Supreme(All) 195

H.S.CHATURVEDI, MULLA
MUNESHWAR BUX SINGH – Appellant
Versus
STATE, RAGHUNANDAN PRASAD – Respondent


Advocates Appeared:
Hakimuddin, R.K.Agnihotri, S.C.Das

( 1 ) APPLICANT Muneshwar Bux Singh lodged a report against his brother-in-law Raghunandan prasad, who is the opposite party in this case, that a motor lorry registered as UPJ 156 which belonged to him has been stolen by Raghunandan Prasad. The police investigated this report and seized this motor lorry from the possession) of Raghunandan Prasad. While investigating the case it found that the dispute between Muneshwar Bux Singh and raghunandan Prasad was of a civil nature and, therefore, a final report was submitted in this case and no prosecution was launched.

( 2 ) ON the directions of the Superintendent of Police the recovered lorry was produced before Sri k. M. Ray, a Magistrate, presumably for a proper order to be passed under Section 523, Criminal p. C. Raghunandan Prasad applied to the Magistrate that the lorry should be returned to him. This application was filed by him on 18-7-1951 and the Magistrate asked for a report from the police. The police reported that the lorry may be returned to Raghunandan Prasad on his furnishing proper security. The learned Magistrate thereupon released the lorry in favour of Raghunandan prasad on 19-7-1951, on his furnishing the: security dem






























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