IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18775 of 2010 M/S ZENITH CREDIT CORPORATION, a Partnership Firm having its office situated at 19, R. N. Mukherjee Road, Kolkata 700 001 through its Constituted Attorney, Nanigopal Debnath, s/o Late Lakhikana Debnath, Resident of 19, R. N. Mukherjee Road, Kolkata 700 001 ...Petitioner Versus THE STATE OF BIHAR …Opposite Party ----------- 2/ 12.08.2010 The petitioner is aggrieved by order dated 29.1.2010 passed by the Judicial Magistrate, Bettiah, in case no.2096 of 2009 by which he has refused to release the truck bearing registration no.WB- 03A 7890 in favour of the petitioner. The background facts are that the above mentioned truck met with an accident on account of which it was seized by the Officer- in-charge of Lauriya P.S. Since the truck had been financed by the petitioner-company in favour of one Umesh Singh by agreement dated 28th August, 2001, and the full agreed amount had not been repaid by the hirer, the petitioner expressed his desire to get released the truck in its favour from the Police Station. At this, the Judicial Magistrate, Bettiah, called for a report from the Motor Vehicle Department, Asansol, but did not receive any reply in that regard. The Magistrate was also not satisfied with the documents that had been furnished by the petitioner since they were mere photocopies and that he required that original document be brought before the court. Submission of counsel for the petitioner is that since the Photostat copy of the documents are retained by the Financer and the original is given to the hirer the petitioner was not in a position to - 2 - produce the same in the court below. With regard to non-receipt of the report from the MV Department, Asansol, the submission is that since they are not under their control the non-receipt of the report should not have been held against the petitioner. In my view, since the petitioner had already produced the certificate of registration with regard to the truck, in question, the court should have waited for the report of the Motor Vehicle Department, Asansol, before passing the final order in the case. In view of such, the order dated 29.1.2010 passed by the Judicial Magistrate, Bettiah, in case no.2096 of 2009 is hereby set aside and the matter is remitted to the Judicial Magistrate, 1st class, Bettiah, with direction to dispose of the petition filed by the petitioner after the receipt of the report from the Motor Vehicle Department, Asansol. With the aforesaid observation/direction, this application is disposed of. JA/- (Anjana Prakash, J.)