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 t