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2002 Supreme(P&H) 608

R.C.KATHURIA
M/s Ashok Leyland Finance Limited – Appellant
Versus
State Of Haryana – Respondent


Judgment

R.C.Kathuria, J.

1. The petitioner has challenged the legality of the order dated 18.8.2001 passed by the Additional Sessions Judge, Sonepat whereby order dated 27.7.2000 passed by the Chief Judicial Magistrate, Sonepat directing the release of the vehicle on Spurdari to respondent No. 2 was affirmed.

2. A few facts need to be noticed in order to decide the controversy raised in the present petition. Raj Kumar (respondent No. 2 herein) had entered into hire purchase agreement dated 2.1.1996 with the petitioner in order to avail facility of finance to the extent of Rs. 2 lacs for the purchase of Mahindra and Mahindra Jeep bearing registration No. HR-10B-6819. On 24.5.2000, the said jeep was challaned and impounded by the Transport Officer, camp Sonepat. The petitioner applied for the release of the said vehicle to the Court of the Chief Judicial Magistrate, Sonepat. Vide order dated 27.7.2000, the Chief Judicial Magistrate, Sonepat directed the release of the vehicle to the registered owner that is respondent No. 2. Aggrieved by that order the petitioner filed Criminal Misc. Appeal No. 24 of 2000 dated 27.8.2000. The same was dismissed vide order dated 18.8.2001 by the Addit











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