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2007 Supreme(Pat) 1639

SYED MD.MAHFOOZ ALAM
Rajendra Pal Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application for quashing the order dated 16.1.2007 passed in Deepnagar P.S. Case No. 130 of 2006 (G.R. No. 1673 of 2006) pending in the Court of the Chief Judicial Magistrate, Nalanda at Biharsharif, whereby the learned court below has been pleased to reject the prayer of petitioner Rajendra Pal Singh for release of the truck bearing registration no. UP-11A-1016 and released the truck, in question, in favour of opposite party no. 2-The Financier, M/s Instalments Supply Ltd., 46, Jan Path, New Delhi.

2. The case of the petitioner is that the petitioner is the owner of the said truck bearing registration no. UP-11A-1016. The vehicle in question stands registered in the name of the petitioner and the petitioner has been paying insurance and road tax. The road permit and fitness certificate also stand in the name of the petitioner. The said vehicle was purchased after obtaining loan amounting to rupees eight lacs from opposite party no. 2. The loan was payable in thirty six instalments commencing from March, 2004 and ending on 31st March, 2007. The petitioner has been regularly making payment of instalment and in token of payment he was being granted provisional r








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