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Raghubir Singh v. Sewa Dass - CRIMINAL REVISION No. 1522 of 1990 [2007] RD-AH 8052 (30 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 11

Criminal Revision  No. 1522 of 1990

Raghubir Singh Vs. Sewa Dass


Hon'ble V.D.Chaturvedi, J.

This Criminal Revision  has been filed against the judgment and order dated 25.8.1990 whereby the learned  Sessions  Judge, Pilibhit  allowed the criminal revision No. 124 of 1989 and had set aside the order dated 26.10.89 passed by the Magistrate releasing the Jeep in favour of Raghubir  Singh (revisionist herein).

The relevant facts are briefly that on 26.10.1989 the Magistrate released the Jeep in favour of Raghubir Singh on the basis of a receipt of the Jeep, registration  papers in Raghubir Singh favour and that the Jeep was taken from the custody of Raghubir Singh. This order dated 16.10.89 was challenged in Criminal Revision No.124 of 1989 which was allowed by the impugned judgment and order.

I have heard Sri I.H.Ansari holding brief of Sri Subodh Kumar and the learned A.G.A. and have perused the record.

The order dated 26.10.89 releasing the Jeep in favour of a person for the period of pendency of the criminal case is only an interlocutory order. The revision against interlocutory order is not maintainable. The Sessions Judge erred in allowing the criminal revision against the inter locutory order dated 26.10.89. The impugned order, therefore, cannot be allowed to sustain. This revision is allowed and the impugned order dated 25.8.1990 passed in Criminal Revision  No. 124 of 1989 is set aside. The interim order, if any, is vacated.

Communicate this order to the court below within 2 weeks.




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