Sohan Singh vs State of Rajasthan

Sobhag Mal Jain, J.—This application is directed against the order dated 28-6-1985 of the Judicial Magistrate No. 2 Jodhpur directing that the notices be issued to the Rajasthan Financial Corporation. The petitioner, in addition to the prayer that the Order dated 28-6-1985 be set aside has further prayed that the truck, whose engine No. 692--D02-7911004 and the Chesis No. 344-052-94789 be delivered to him. It appears that the Learned Magistrate without deciding the application dated 10-6-1985 made by the petitioner and another application dated 18-6-1985 made by the respondents Nos. 3 and 4, has passed the impugned order and directed to implead the Rajasthan Financial Corporation as necessary party and to issue the notice to the Rajasthan Financial Corporation. It does not appear from the record how the Rajasthan Financial Corporation was considered to be a necessary party for the disposal of the truck in question.

I do not think it proper that the considerations of these applications can be postponed till the Rajasthan Financial Corporation comes before the court. If the Rajasthan Financial Corporation deems it proper, it would be open to it to come forward and make an application, but the disposal of these application cannot be postponed for that purpose.

The learned Magistrate is directed to decide the applications dated 10-6-85, 18-6-85 and 11-6-85 moved by the petitioner, respondents Nos. 3 & 4 and respondent No. 2 respectively. The impugned Order dated 28-6-1985 passed by the learned Judicial Magistrate No. 2, Jodhpur is hereby set aside. The record of the case be returned immediately to the trial Court.

This Criminal Misc. Petition u/s 482, Cr. PC is disposed of with the directions given above.