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2006 Supreme(Pat) 239

REKHA KUMARI
Ramayani Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application filed under Section 482 of the Code of Criminal Procedure. 1973 for quashing the order dated 11.10.2004 passed by the 5th Additional Sessions Judge, Sasaram in Criminal Revision No. 150 of 2003 upholding the order dated 21.6.2003 passed by the learned Chief Judicial Magistrate. Rohtas at Sasaram refusing to release the vehicle (Maruti Van) bearing registration No. UP 12D-5786 seized in Sheosagar P.S. Case No. 186/2002 under Section 302/34 of the Indian Penal Code to the petitioner.

2. Heard both sides.

3. Learned counsel for the petitioner submitted that the occurrence in this case took place on 24.12.2002. One Vijay Singh was the owner of the vehicle. The petitioner purchased the vehicle from the said Vijay Singh on 24.12.2002 on payment of Rs. 62,500/-. The vehicle was transferred in her name on 4.2.2003. She is, hence, a bona fide purchaser of the vehicle. The police seized the vehicle on 12.5.2003 when she was the owner. The report of the police also is that the vehicle in question stood in the name of the petitioner. He further submitted that the vehicle is lying in the police station and is being damaged day by day. Therefore, the learned Chi





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