LAWS(ALL)-2008-1-15

DUNGAR YADAV Vs. STATE OF U P

Decided On January 04, 2008
DUNGAR YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) A. P. Sahi, J. This revision is against the order dated 20. 11. 2007 whereby the learned A. C. J. M. , Bhadohi, Gyanpur has refused to exercise powers under section 156 (3) Cr. P. C.

(2.) THE facts as disclosed indicate that the applicant had purchased a truck in re spect whereof, some agreement was entered into between the applicant and the Finance Company namely Ashok Leyland Finance. THE applicant alleges to have made pay ments in discharge of his obligation and on an absolutely erroneous approach, the vehi cle of the applicant was forcibly taken away with the aid of anti-social elements and as such offence is made out.

(3.) ACCORDINGLY, the order dated 20. 11. 2007 is set aside and the matter is re manded back to the concerned Court for decision afresh in the light of the observa tions made here-in-above.