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1996 Supreme(All) 1228

N.B.ASTHANA
SARDAR MAHENDRA SINGH AJMANI – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Rajendra Kumar Dwivedi,

N. B. ASTHANA, J.

This revision has been directed against the order dated 2-9-96 passed by C. J. M. Lakhimpur Kheri in Criminal Misc. Case No. 142 of 1996 directing the release of Mahindra Jeep No. U. H. T. 9365 in favour of opposite party No. 4 in case Crime No. 870 of 1996 under Sections 394/427/506, I. P. C. P. S. Kotwali Lakhimpur, District Lakhimpur Kheri.

2. Originally the revisionists filed Criminal Misc. Case No. 496 of 1996 in this Court under Sections 482, 483, Cr. P. C. read with Section 397, Cr. P. C. However, on 16-9-96 it was stated before the Court that this application be treated as Revision under Section 397, Cr. P. C. It was accord ingly treated and registered. The case of the applicants is that the vehicle in ques tion was given to opposite party No. 4 on a hire purchase agreement. According to the terms of this agreement the opposite party No. 4 was to make payment in 18 monthly instalments of Rs. 4,314/- each. He failed to make the payments as agreed upon, and, therefore, in accordance with the terms of the hire purchase agreement the vehicle was seized by the revisionists and parked into the Mill premises of revisionist No. 1. The opposite party No. 4 alongwit










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