Desh Raj Singh vs State Of U.P. & Others
2012 Latest Caselaw 4976 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7605 of 2011
 

 
Petitioner :- Desh Raj Singh
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Deshraj Singh (In Person)
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vijay Prakash Pathak,J.

Petitioner before this Court, who has appeared in person, had purchased a tractor which was hypothecated to State Bank of India, Hapur towards the loan sanctioned for purchase of the tractor in favour of Brijpal Singh. On the date of purchase the bank dues had not been cleared, therefore, there could not have been a transfer of the tractor as the bank had the first charge.

The petitioner did file an Original Suit, the number whereof has not been disclosed in the present petition, for possession of the tractor. However, the order passed in the Civil Suit dated 20.11.1997 has been enclosed as Annexure 10 to the writ petition. What has happened to the suit has not been disclosed.

No direction for return of the tractor is required to be issued in view of the fact that there is already an order from the Civil Court dated 20.11.1987 for return of the tractor to the petitioner on his furnishing security of Rs.70,000/-. Prayer no. 1 is, therefore, rejected.

We are of the considered opinion that only disputed issues of fact have been raised by means of the present petition.

So far as the prayer no. 2 is concerned, it is always open to the petitioner to file an application under Section 156(3) Cr.P.C., if any criminal offence has been committed or to register an F.I.R. with the concerned police station.

With the aforesaid observations, the present writ petition is dismissed.

Interim order, if any, stands discharged.

Dated :09.10.2012

VR/7605/11