RAMENDRA KUMAR RAI Vs. MD. JAHANGIR

JUDGEMENT

(1.) This criminal revision is preferred by the petitioner challenging the judgment and order dated 30th July, 2013 passed by learned Additional Sessions Judge, 4th Court, Paschim Medinipur in Criminal Revision No. 160 of 2013, by which learned Judge of the trial Court handed over the seized vehicle in favour of the opposite party no.1 on execution of bond to the satisfaction of the Court of the learned Magistrate.

(2.) It is necessary to narrate in brief the background of filing of the criminal case for proper appreciation of the order of the custody in respect of the seized vehicle. The petitioner is the dealer of R.K. Motors having showroom at Rupnarayanpur, National Highway No.6, Post Office-Jakpur, District-Paschim Medinipur. The opposite party, Md. Jahangir approached the petitioner for purchase of Ape Auto Rickshaw (BS - III) on 27th March, 2012 with finance from the United Bank of India, Golebazar Branch, Kharagpur. The petitioner made payment of Rs. 15,000/- for the purpose of registration and insurance of the said auto rickshaw in the showroom of the petitioner, but the opposite party, Md. Jahangir did not make payment of the balance amount of Rs. 1,73,000/-. Accordingly, the petitioner started criminal case against the opposite party, Md. Jahangir by reporting the incident in writing to the Officer-in-Charge of the Police Station of Kharagpur Local on 8th March, 2013 and a criminal case being Kharagpur Local Police Station Case No. 127 of 2013 dated 8th March, 2013 was started against the opposite party, Md. Jahangir. The police investigated the said criminal case, seized the auto-rickshaw in question and submitted charge sheet against the opposite party, Md. Jahangir on 30th May, 2013. This criminal case gave rise to G.R. Case No. 730 of 2013 before the Court of learned Chief Judicial Magistrate, Paschim Medinipur.

(3.) It appears from the materials on record that the opposite party, Md. Jahangir submitted an application before the Court of learned Chief Judicial Magistrate praying for return of the seized auto rickshaw from the custody of the police and his prayer was rejected by learned Magistrate on 10th May, 2013. The opposite party, Md. Jahangir challenged the order dated 10th May, 2013 passed by learned Chief Judicial Magistrate, Paschim Medinipur by filing Criminal Revision No. 160 of 2013 on 20th May, 2013. Learned Sessions Judge called for the lower court s record and the same was received by learned Sessions Judge on 15th June, 2013. However, it also appears from the record that on 6th July, 2013, the petitioner filed an application before the Court of learned Magistrate for return of the seized vehicle and on 20th July, 2013, learned Magistrate passed the order for return of the seized vehicle in favour of the petitioner on execution of bond of Rs. 2,00000/-. It also appears from the record that on the same date i.e. on 20th July, 2013, the petitioner executed the bond in compliance with the direction of the learned Magistrate and obtained the custody of the seized vehicle.