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ALLAHABAD HIGH COURT
S. K. Gupta, J
Magma Leasing Limited – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. facts of vehicle seizure and ownership dispute. (Para 2 , 3) |
| 2. arguments on ownership based on financing. (Para 4 , 6) |
| 3. legal principles outlining ownership under hire purchase agreements. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. court's observations on the necessity of considering all relevant documents. (Para 17 , 18) |
| 5. final ruling and instructions for remand. (Para 20 , 21) |
1. Heard Sri C. K. Parekh, learned counsel for revisionists and learned A.G.A. for State - respondent.
2. This criminal revision under S.401 read with S.397 Cr.P.C. has been filed aggrieved by order dated 18.07.2006 passed by Chief Judicial Magistrate, Farrukhabad in Case No. 2138 of 2005 rejecting the application of revisionist for release of Vehicle No. UA 04C 1478.
3. Facts, in brief, are that a First Information Report was lodged by Dr. N. Verma, Assistant Regional Transport Officer, Farrukhabad on 21.10.2005 stating therein that on 01.10.05 at 7:50 O'clock, he, along with Police Constable Shri Suresh Sharma (Supervisor) and Police Constable Shri Vivek Dwivedi and Prahari Constable Shri Indrapal Singh, in a Government Vehicle No. UP 30L 6256, was carrying out checking at the dis
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