Court No. - 41
Case :- CRIMINAL REVISION No. - 645 of 2001 Revisionist :- M/S Shree Ram Investment Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- V.M. Zaidi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
Heard Sri M.J. Akhtar, Advocate holding brief of Sri V.M. Zaidi, learned counsel for revisionist and learned AGA. Perused the record.
This Criminal revision has been filed by M/s. Shree Ram Investment against judgment and order dated 8.12.2000 passed by First ACJM, Bareilly in Misc. Case No. 705 of 1998(M/s. Good Will Finance Corporation Bareilly vs. Ram Janam Yadav & Others) whereby vehicle No.U.P. 61/8608 was given in the custody of complainant M/s. Good Will Finance Corporation Bareilly subject to decision/order in suit no. 295 of 1998 pending in the Court of Civil Judge(Sr. Div.) on furnishing personal bond of Rs.2,00,000/- and two sureties of same amount with other conditions.
Learned counsel for the revisionist submitted that order passed by impugned order is illegal, arbitrary and against law and facts.
From perusal of record, it transpires that impugned order was passed in favour of complainant with some conditions subject to final decision in suit no. 295 of 1998 pending in the Court of Civil Judge(Sr. Div.), Bareilly. It is very clear from impugned order that interim custody of vehicle No. U.P. 61/8608 was given in favour of complainant till final decision of civil suit pending between the parties. Hence no illegality is found in the impugned order. The revision is liable to be disposed of subject to final decision in suit No. 295 of 1998.
It is made clear that no finding relating to ownership of vehicle is being given by this Court and order passed by the competent Court in above suit shall be given effect to accordingly.
The revision is disposed of accordingly.
Order Date :- 31.7.2018 P.P.