PADMA BHUSAN DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 10/4/2023 passed by the learned Sessions Judge, Balasore in Criminal Revision No.14 of 2023, whereby the Revisional Court has directed release of the vehicle in favour of the Opposite Party No.2.

(2.) The brief facts of the case germinate from the record reads as under:-

(3.) The Opposite Party No.2 lodged an F.I.R. at Sahadevkhunta P.S. Case No.420 of 2022 alleging therein that the present petitioner is the registered owner of the truck in subject. The accused/petitioner herein in order to sell the truck in subject, executed an agreement with the Opposite Party No.2 on 8/6/2020 and received partial consideration amount of Rs.1,80,000.00 out of total consideration of Rs.14,50,000.00. The accused/petitioner herein has also handed over the physical possession of the vehicle to the Opposite Party No.2. The Opposite Party No.2 while on lawful possession of the vehicle in question, on 5/12/2022 at about 10.00 P.M. the accused/petitioner herein with the help of some antisocial snatched away the vehicle on gun point threatening the driver of the said truck. Therefore, the incident was reported to the police and F.I.R. was lodged against the petitioner.