VIJAY SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition, under Section 482 of the Code of criminal of Procedure (for short, 'the Code'), has arisen from the order dated 26. 02. 2007 passed by xth Additional Sessions Judge, Jabalpur in criminal Revision No. 318/06, whereby the order dated 2. 9. 2006, passed by Chief Judicial magistrate, Jabalpur in Cr. Case No. 18876/06 granting interim custody of the seized truck to the respondent No. 2, was affirmed.

(2.) THE respondent No. 2 is a Finance Company. The petitioner entered into a hire-purchase with the Company in respect of a truck that was registered as Vehicle No. MP20 G 2840. The truck was seized by the police in connection with a criminal case registered at police station Gorakhpur in respect of the offences punishable under sections 279 and 337 of the Indian Penal code against one Sukhchain. The respondent No. 2 applied for interim custody of the truck. His prayer was opposed by the finance Company on the ground that the petitioner had violated conditions of the hire-purchase basis by committing default in payment of the instalments against the price of the vehicle.

(3.) ACCEPTING the contention, learned CJM rejected the prayer made by the petitioner for interim custody of the vehicle. Being aggrieved, the petitioner preferred the revision but, as pointed out already, the order of CJM was maintained by the revisional Court.