HAFIZ SAMIM ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this petition under Section 182, Cr. P. C. the petitioner has impugned the order dated 19-12-1994, by reason of which the learned Chief Justicial Magistrate, Hazaribagh has released the vehicle (Metador) bearing registration No. BR 13L-2894 in favour of the opposite party No. 2.

(2.) In order to appreciate the contention advanced by the parties, some facts are necessary. One Md. Nasim lodged an F.I.R. on 22-1-1994 alleging, inter alia, that he purchased the aforesaid vehicle from the opposite party No. 2, Rabi Kant Gopalka, proprietor of Chhotanagpur Finance Corporation, Ramgarh, district Hazaribag. The earst-while owner of the vehicle was Samim Alam, the petitioner and as he cold not deposit the instalments to the financer, the said vehicle was seized by the financer from the said Samim Alam. Informant purchased the vehicle after that. When the vehicle was carrying some passengers, three persons boarded the vehicle, informed the driver and Khalasi that the said vehicle was a stolen one and as such, by saying so they took control of the Metador and asked the passengers to leave the vehicle. Ultimately, they drove away the vehicle. The informant further alleged that carst-while owner Samim Alam alongwith other persons stolen the Metador alongwith its driver and Khalasi. On the basis of the aforesaid F.I.R., G.R. Case No. 186/94 was registered.

(3.) During pendency of the trial, the petitioner as well as the opposite party No. 2, the Financer, filed a petition before the learned Magistrate for release of the said Metador. The claim of the petitioner was that as he is the registered owner of the vehicle and he deposited the same to the police station, the same should be released in his favour. On 14-12-1994 the Financer, through its agent, filed a petition ft r release of the vehicle in its favour on the ground that the said vehicle was sold to the petitioner on the basis of some agreement and as the petitioner did not pay the instalment as required under the agreement, the financer is entitled for release of the vehicle in its favour.