IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.363 of 2008 MD. KALIMUDDIN Versus STATE OF BIHAR ----------- 2 06.08.2008 Heard learned counsel for the petitioner and learned Additional public prosecutor for the State of Bihar. The petitioner has moved this court against order dated 25.3.2008 by which the learned Sessions judge, Katihar has rejected his application filed against order dated 27.10.2007, passed by the Judicial Magistrate, Ist class, Katihar in G R No. 182 of 2000, in respect of releasing a truck bearing no. BEK-746 in favour of the petitioner. It appears that Md.Anzar lodged a complaint with the police giving rise to Ajam Nagar ps case no. 15 of 2000 dated 1.2.2000, for offences under sections 379/34 of the penal code alleging therein that the petitioner along with others came and took away the tractor in question. It is submitted on behalf of the petitioner that subsequent to the lodging of the FIR, the truck has been registered in the name of the petitioner and for this he relies on annexure 5. He further submits that Azam Nagar police made an enquiry and submitted a report to the Judicial Magistrate, Katihar stating therein that the tractor is registered in the name of the petitioner. The aforesaid enquiry report is annexed as annexure 4. In support of his submissions learned counsel for the petitioner relies on decisions in case of Ram Uday Prasad Singh vs the State of Bihar, reported in 1989 PLJR 27 and Smt Mahamaya - 2 - Devi vs Sanat Kunal Law and others, reported in AIR 1968 Cal 564. Having heard the parties, this court directs that if the petitioner will file an application for release of the tractor in GR case no. 182 of 2000 before the learned Magistrate in seisin of the case, he would disposed of the same within three months from the date of receipt of such application after noticing the informant. It is submitted by the petitioner that informant is not appearing in the court as he has already sold the vehicle to him. This court makes it clear that in case the informant is noticed and he does not chose to appear in the court even then, the magistrate would proceed to dispose of the matter within the aforesaid period. It would be open to the petitioner to produce all such documents in view of annexures 4 and 5 in support of his case. Shashi. (S.P.Singh,J).