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Madhya Pradesh High Court

Suresh Singh vs State Of M.P. on 28 June, 2016

                        1                Cr.R.No.708/2010
                       Rampal Singh Vs. Suresh Singh & Anr.
                                      M.Cr.C.No.1533/2011
                              Suresh Singh Vs. State of M.P.


28.6.2016
     Shri Devendra Sharma, counsel for                  the
applicant Rampal Singh.
     Shri     D.S.Kushwah,    counsel for               the
applicant/respondent Suresh Singh.

Shri Mohd.Irshad Panel Lawyer for the respondent/State.

Both the matters are connected with the connected with the same order, therefore decided by the present common order at this stage.

Heard on admission.

The applicant Suresh Singh as well as Rampal Singh have challenged the order dt.15.6.2010 passed by the third Additional Sessions Judge, Bhind in Criminal Revision No.07/2010.

The facts of the case in short are that the applicant Suresh Singh had lodged an FIR on 24.12.2007 that his trolly was stolen. Thereafter that trolley was recovered which was found near Indra Chowk Bhind. The applicant Suresh Singh lodged an application to get the trolly on interim custody. On 18.8.2009 interim custody of the trolly was given to the applicant Suresh Singh. Consequently, applicant Rampal Singh has filed the objection and the CJM Bhind vide order dt.27.10.2009 cancelled the previous order and the trolly was handed over on temporary custody to the applicant Rampal Singh. The complainant Suresh Singh has filed a criminal revision and by the impugned order dt.15.6.2010 the Additional Sessions Judge has directed that the order 2 Cr.R.No.708/2010 Rampal Singh Vs. Suresh Singh & Anr.

Suresh Singh Vs. State of M.P. dt.27.10.2009 is cancelled and the trolly be kept with the police.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that though the revisionary court has cancelled the order dt.27.10.2009 passed by the CJM Bhind but the trolly is still with the applicant Rampal Singh. It appears that no registration of the trolly was done according to the provisions of the Motor Vehicles Act and therefore identification of the seized trolly is under question. While considering the interim custody, the identification of the trolly can not be decided finally and therefore the revisionary court was correct in its finding that no order relating to temporary custody may be passed till the dismissal of the case before the trial court.

It is also contended by the applicant Rampal Singh that his trolly was recovered in Crime No.114/2009, which was registered for the offence under Section 396 of IPC and Section 11/13 of M.P.D.V.P.K.Act. Under these circumstances where identification of the trolly is under question, it would not be appropriate to disturb the order passed by the revisionary court. However, if the trolly is lying in the police station, then it shall be deteriorated and it will be of no use after few months. Under these circumstances, when the trolly is in possession of Rampal Singh at present he is permitted to keep the 3 Cr.R.No.708/2010 Rampal Singh Vs. Suresh Singh & Anr.

Suresh Singh Vs. State of M.P. trolly till disposal of the case and the present revision and the petition are hereby disposed of with the direction that when the trial court decides the matter finally, then the trolly be immediately handed over to the person to whom it would be directed to be given, however, the applicant Suresh Singh would be free to claim the rent of the trolly for the period when Rampal Singh kept the trolly in his use, if the trolly is given to the applicant Suresh Singh by the trial court.

(N.K. Gupta) Judge SP