1. The challenge herein is to the order Annexure P - 3, in an application under S.451, CrPC, passed by learned Judicial Magistrate 1st Class, Rampur, Distt. Shimla filed by complainant M/s. Hydro Construction Power through its Manager Shri Megh Singh Thakur and another by accused Naresh Kumar in FIR No. 60/12 dated 26.06.2012 under S.451, S.379, S.506 read with S.34 of Indian Penal Code , Police Station, Jhakri, Distt. Shimla, one of Directors of M/s. Tripura Colonizers Pvt. Ltd. whereby the custody of the vehicle i.e. Transit Mixer bearing registration No. HP - 49A - 0238 has been entrusted to the complainant.

2. The legality and validity of the impugned order has been assailed by the accused - petitioner on the grounds inter alia that custody of the vehicle could have not at all been given to the complainant, being not lawful owner whereof nor in lawful possession.