1 Cri.Appln.No.1659/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1659/2011 ( Abhijeet s/o Asharam Adhat and Anr. Vs. The State of Maharashtra & anr. ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. VD Sapkal, Adv. for Applicants; Mr. PP More, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 13 th JUNE, 2011. ... 1) Heard finally. In spite of service, Respondent No.2 absent. 2) Respondent No.2 filed FIR at Kranti Chowk Police Station, Aurangabad, vide Crime No.I-102/2011 dated 11.3.2011, alleging the offences unde Sections 397, 341 r/w 34 of IPC against the petitioners. 3) According to the respondent, he has availed financial assistance to purchase TATA safari vehicle, bearing registration No.MH-28/G-7 and he claims that he has repaid the amount substantially to the Tata Motors Finance company and had intention to deposit the same. 4) The petitioners herein claim to be authorized agency on behalf of the Tata Finance company to take action of 2 Cri.Appln.No.1659/2011 seisure or taking possession of the vehicles which are under the finance and in pursuance of the said action, on 11th March, 2011, the vehicle was taken charge. It was under prior intimation to the police authorities as the competence lies to the petitioners to take action of seizure as well as taking possession of the vehicle. 5) The matter was reported by the respondent no.2 as stated above. Taking these aspects into consideration, it would seldom attract provisions of Sections 397 or 341 against the petitioners. The act that has been done by the petitioners was under a legal authority and in legal frame, supported with hypothecation agreement executed by the complainant/Respondent No.2. 6) Taking survey of above facts, the prosecution in terms of F.I.R. No.I-102/2011 pending before the Kranti Chowk Police Station,Aurangabad, is quashed. 7) Criminal Application disposed of in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/