ANANYA BANDYOPADHYAY
HDB Financial Services Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioner has filed an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by a order dated 22.01.2021 passed by the Learned Additional District and Sessions Judge 4th Court at Jalpaiguri in connection with Criminal Revision No. 79/2019 wherein the Learned Court was pleased to allow interim custody of the vehicle being number UP 21BN 6325 with a condition to furnish bank guarantee of Rs. 15,00,000/- through any nationalized bank and other conditions as mentioned in the said order.
2. The Learned Advocate for the petitioner submitted that the petitioner is a Non Banking Financial Company which granted loan to the respondent no. ‘2’ on 31.03.2017 to purchase the vehicle in question. The said vehicle belonging to respondent no. ‘2’ was seized by the Jalpaiguri police authority on 23.10.2017 under a complaint filed by the Sub-Inspector of Kotwali Police Station on 20.03.2017 and subsequently Kotwali Police instituted Case No. 717/2017 dated 23.10.2017 under Sections 379/411/413/419/468/491/ 120 of the Indian Penal Code along with Section 26 of Indian Forest Act, 1947 in connection with G.R.
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