IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7459 of 2010 1. SATYA KUMAR THAKUR @ S.K.THAKUR son of Sri Jay Mohan Thakur, Branch Manager, Shankar Motors Pvt. Ltd., Purnea, Police Station and District- Purnea & 2. Mohan Himatsingka son of Late Ram Jiwan Himatsingka, Director, Shanker Motors Pvt. Ltd. Authorized Dealer of Tata Commercial Vehicle , Purnea, Police Station ad District- Purnea. ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Sanjay Rishi son of Jagdish Rishi, Resident of village- Sadanpur Kala, Police Station- Korha, District- Katihar …Opposite Parties ----------- 3/ 01.12.2010 Heard learned counsel for the petitioners and the opposite party no.2. The petitioners seek quashing of the order dated 17.12.2009 passed by the Chief Judicial Magistrate, Katihar, in Korha (Rautara) P.S. case no.178 of 2008, by which he has taken cognizance under sections 420, 406 Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The background of the case is that the complainant was disbursed loan for purchase of vehicle which was supplied to him at the end of the petitioners, who were dealers of the vehicles. Thereafter, the vehicle was repossessed. The complainant alleges that the petitioners had also hand in it. Learned counsel for the petitioner submits that once the vehicle had been given to the complainant in pursuance to the disbursal of the loan from the financer, there was no occasion for any grievance of the petitioners with the complainant and, therefore, the whole story of the vehicle having been repossessed by them is - 2 - completely absurd. I am inclined to accept the submissions advanced on behalf of the petitioner since in the procedure by which the loan is disbursed and a vehicle is handed over to the loanee by the dealer, the dealer has no role to play in the dispute between the financer and the loanee about the payment/nonpayment of loan. In view of such, this application is allowed and the order dated 17.12.2009 passed by the Chief Judicial Magistrate, Katihar, in Korha (Rautara) P.S. case no.178 of 2008 is hereby quashed in so far as it relates to the petitioners only. Application stands allowed. JA/- (Anjana Prakash, J.)