MOHAN SINGH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) INVOKING extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition for quashing FIR on the basis of which Crime No. 402/02 has been registered against the petitioners at Police Station, Jahangirabad, District Bhopal and also for quashing the proceedings in regular Trial No. 1354/02, pending in the Court of Judicial Magistrate First Class, Bhopal.

(2.) THE facts leading to the registration of the case succinctly narrated are thus:- (1) The applicants are employees of M/s. Doon Motors. The ICICI Limited appointed M/s. Doon Motors as 'ware House Keepers' vide agreement dated 2-5-2002. The ICICI Limited financed a motor cycle Bajaj Caliber bearing Registration No. M. P. 04-NG 6684 to applicant Anjum Jamal. As per hire purchase agreement deed Anjum Jamal was bound to pay the monthly instalment in time. He committed as breach of the conditions of hire purchase agreement and the employees of ICICI Ltd. in exercise of their power under hire purchase scheme exercising its right of seizure seized the vehicle in question on 24-8-2002. The collection Manager of ICICI informed the police authorities on the same day. The ICICI Ltd. handed over the aforesaid vehicle to the applicants for safe custody. After about 2 months Anjum Jamal lodged a report on 30-10-2002 stating that the parked the aforesaid vehicle near Habibganj Hospital. When he came back, he did not find the vehicle. On the basis of the First Information Report, the police registered Crime No. 402/02.

(3.) I have heard Shri Sameer Seth, learned Counsel appearing for the applicants and Shri Asim Dixit, learned Govt. Advocate appearing for the State. Other documents including First Information Report perused. A perusal of these documents reveals that the issue between the parties relates to purchase of motor cycle and the same is purely of civil nature. Money was advanced to Anjum Jamal by the financier. Even assuming that the ICICI Ltd. seized the motor cycle, it was claimed to have been done in exercise of bona-fide right of seizing the vehicle on the borrower's failure to pay amount of instalments in time.