The rights and obligations in a hire purchase agreement, including the lender's right to repossess the vehicle, were central to the court's decision.

JUDGMENT

The present revisional application has been preferred challenging the proceeding relating to C.R. case no. 530 of 2012 pending before the learned Judicial Magistrate, 1st Court, Berhampore, Murshidabad under Sections 379/506 of the Indian Penal Code, 1860.

The allegations made in the petition of complaint are as follows:-

The complainant purchased a truck bearing no.WB 23 C 2949 with the aid of finance from Indusind Bank Limited. The complainant was regular in paying monthly instalment, however, on 12.04.2012 when the vehicle was proceeding towards Guwahati from Kolkata, when it reached at Berhampore near Panchanantala rail gate at about 08.00/08.30 am 4-5 unknown persons blocked the said vehicle and thereafter assaulted the driver and his assistant. The accused persons took away all the documents of the vehicle, forced the driver and his assistant to sign on a blank paper assaulted them with fists and blows, forced them to come down from the car and drove the vehicle away. The said vehicle thereafter was in custody of the accused persons and the complainant at the relevant point of time being out of State could not communicate. On 07.05.2012 when the complainant approached the Manager, Indusind Bank Limited he was thrown out from his Office and having no other alternative a GD Entry was lodged at Berhampore Police Station, i.e., GDE no. 683 dated 08.05.2012. The complainant alleges that the manager of the bank is attempting to sell of the said vehicle and is threatening him. It has further been alleged that the driver of the vehicle at the relevant point of time was carrying Rs.11,732/- which was also snatched away by the accused persons.

On the basis of the complaint so filed, the learned Magistrate was pleased to take cognizance of the offence and examined the complainant under Section 200 of the Code of Criminal Procedure. By an order dated 10.05.2012 the learned Magistrate was pleased to hold that as one of the accused person resides outside the jurisdiction of the Court, an enquiry/investigation under Section 202 of the Code of Criminal Procedure is required to be conducted and as such directed the Officer-in-charge of Berhampore Police Station to investigate into the matter either himself or through an Officer subordinate to him under Section 202 of the Code of Criminal Procedure and submit a report before the Court. accordingly a report was submitted before the learned Magistrate by the concerned Officer of Berhampore Police Station which, inter alia states as follows:-

On 15.09.2012 at about 9.30 am the concerned Officer went to Panchanantala and inquired from the local people who stated that on 13.04.2012 at about 12.00 pm in the afternoon the agents of the financer had blocked a vehicle being a 14 wheeler truck numbered as WB 23 C 2949 which was loaded with goods. It has been subsequently contended that at the time of possessing the said vehicle there was neither any scuffle nor any hue and cry or tension in the locality. It has also been reported that the driver of the said vehicle accompanied the agents of the Financer and parked the vehicle at 'Trisha Parking agency'. The manager of Trisha Parking agency which is situated at Bhatpara, Kashimbazar showed the documents of the vehicle as also the vehicle and informed that on 13.04.2012 the Finance authority of Indusind Bank and on behalf of the them one Manowar Hossain seized the said vehicle along with the documents. The Officer also inquired from the complainant who represented that he was the owner of the said vehicle who had paid one lakh rupees on 29.02.2012 and a sum of Rs.5,000/- on 13.03.2012. The documents which were seized also reflected that the complainant happens to be the owner. It was also reported that there was no order of any Court of law for seizing the vehicle. The order dated 29.02.2012 reflects that the learned Magistrate on receipt of such report was pleased to dismiss the complaint under Section 203 of the Code of Criminal Procedure.

Being