IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11541 of 2008 MD. AKHTAR S/o Md. Mazid, resident of village- Sanha Naya Tola, P.S. Sahebpur Kamal, District- Beugsarai …Petitioner Versus 1. THE STATE OF BIHAR 2. Shishir Kumar S/o Krit Narayan Singh, resident of village- Harrak, P.S. Town, District- Begusarai & 3. District Transport Officer, Begusarai, 4. Mahendra & Mahendra Finance Company, through Satyam Automobile Company, Begusarai. ----------- For the petitioner : Kumari Amrita, Advocate For the O.P. No.2 : Mr. Badari Narayan Singh and Mrs. Renu Jha, Advocates ----------- 8/ 18.04.2011 Heard the parties. The petitioner has sought quashing of the order dated 17.01.2008 passed by the Additional District & Sessions Judge, 1st, Begusarai, in Cr. Revision No. 265 of 2006 and the order dated 13.06.2006 passed by the Chief Judicial Magistrate, Begusarai, in Town P.S. Case No.55 of 2006 by which the vehicle seized in connection with the aforesaid case bearing registration no. BR-9C- 5609 has been released in favour of the opposite party no.2. It is admitted position that the petitioner had taken the vehicle, in question, on loan from Mahindra & Mahindra Finance Company and had paid the demand draft dated 22.09.2004. Subsequently, he surrendered the vehicle on 07.06.2005 since he failed to repay the loan installments. On 07.03.2006, the petitioner filed a complaint stating therein that his vehicle had been stolen by unknown person on 28.02.2006 and thereafter had filed application before the Chief Judicial Magistrate for release of the vehicle. The 2 Chief Judicial Magistrate, Begusarai, called for a report in this regard and on the basis of the report dated 03.04.2006 and 05.04.2006, the Chief Judicial Magistrate, Begusarai, concluded that, in fact, Mahendra & Mahendra Finance Co. Ltd. had sold the Jeep now to Shishir Kumar, opposite party no.2 since Md. Akhtar had surrendered the said Jeep on account of non-payment of loan. Being aggrieved with the said order, the petitioner filed a revision application before the 1st Additional Sessions Judge, Begusarai, who has refused the prayer of the petitioner by order dated 17.01.2008 considering the order of the Chief Judicial Magistrate was based on two reports. Under the circumstances, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)