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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mukna Ram, S/o. Shri Amra Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal misc. petition under Section 482 Cr.P.C. has been preferred seeking quashing of FIR No.246/2022 dated 11.10.2022 registered at Police Station Khinwsar, District Nagaur for offence under Section 379 IPC along with all consequential proceedings arising therefrom.
2. Learned counsel for the petitioner submits that the impugned FIR is is nothing but a manifest abuse of the process of law attended with mala fide and has been lodged by giving criminal colour to a purely civil and contractual dispute pertaining to possession and repossession of a financed vehicle. It is submitted that the petitioner is admittedly the registered owner of dumper bearing registration No.RJ-07-GB-6451 and the registration continues to remain in his name till date. It is further submitted that liabilities towards finance company, transport authorities, taxes and other statutory obligations also continued to remain upon the petitioner.
3. Learned counsel submits that an agreement dated 27.08.2018 was executed between the petitioner and one Om Prakash whereby possession of the vehicle was conditionally handed over subject to payment of installments and adherence to financial obligati
In a hire purchase agreement, the purchaser remains a trustee/bailee on behalf of the financer/financial institution, and ownership remains with the latter. The repossession of the vehicle by the fin....
The complaint must establish fraudulent or dishonest intention for an offense under Section 420 of the IPC, and territorial jurisdiction is crucial.
Court quashed FIR as allegations did not establish criminal breach of trust or cheating; petitioner acted within contractual duties.
In hire purchase agreements, the financier retains ownership, and repossession does not constitute a criminal act, preventing abuse of legal process.
In determining possession under Section 457 of the Cr.P.C., the court must assess which party is best entitled to possession rather than solely focusing on ownership.
Extraordinary power under article 226 of Constitution and also inherent powers under Section 482 of Code which it said could be exercised by High Court either to prevent abuse of the process of any c....
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