Gordhan Vs. State and anr. - Court Judgment

Excerpt:
criminal procedure code - section 451--custody of vehicle--magistrate to conduct enquiry and deliver vehicle to person found entitled.;it is just and proper to direct the learned addl. chief judicial magistrate, sojat to conduct preliminary enquiry and thereafter to deliver matador bearing no. rpa 6555 to the person who is found to he entitled.;order accordingly - n.k. jain, j.1. the petition is directed against the order of learned addl. chief judicial magistrate, sojat dt. 18.1.92 in criminal case no. 164/91, whereby he has dismissed the application for preliminary enquiry, filed by the petitioner under section 451 cr.p.c.2. having heard learned counsel for the parties and after perusal of record, i deem it is just and proper to direct the learned addl. chief judicial magistrate, sojat to conduct preliminary enquiry and thereafter to deliver matador bearing no. rpa 6555 to the person who is found to he entitled. both the parties agree that they will remain present before the concerned magistrate on 4th september, 1992. it is expected of the learned a.c.j.m. that he will complete the preliminary enquiry at the earliest possible but not later than 45 days arid after completion of enquiry deliver the aforesaid vehicle to the person who is entitled for that. record of the case may be sent back immediately.3. the petition stands disposed of with the above observations.