JUDGMENT

G.A. Sanap, J. - Rule. Rule made returnable forthwith. Heard finally by consent of learned advocate for the petitioner and learned Additional Public Prosecutor for the respondent no.1/State. The respondent no.2 though served remained absent.

2. The order dated 25.11.2021 passed by the learned Judicial Magistrate First Class, Kamptee, Court No.2 in Miscellaneous Criminal Application No.556 of 2021 is challenged by the petitioner. The petitioner is a finance company. The respondent no.2 had borrowed the vehicle loan from the petitioner-company. On purchase of the vehicle bearing registration No.MH-40/BL-3419 the same was hypothecated with the petitioner. The vehicle was involved in commission of crime therefore the same was seized by the police in crime bearing Crime No.221 of 2021 registered at Kanhan Police Station for the offences punishable under Section 407 read with Section 34 of the Indian Penal Code.

3. The petitioner-company made an application on 07.10.2021 in the Court of Judicial Magistrate First Class at Kamptee for grant of custody and possession of the vehicle. In the said application, the investigating officer filed reply on 24.11.2021. During the pendency of th