N.B. Asthana, J. - (1.) This revision has been directed against the order dated 10-2-94 passed by the then Chief Judicial Magistrate Bulandshahar in Crime No. 531 of 1992 under Section 406 Indian Penal Code P.S. Sikandrabad, Bulandshahar rejecting revisionist's application under Section 457 Cr. P.C. for release of truck No. URX 441 in custody at police station Sikandrabad.
(2.) The aforesaid truck was seized in a case under Section 406 Criminal Procedure Code Smt. Sarvesh claiming herself to be the owner of the truck in question filed an application for its release. That application was rejected on 18.2.93. The revision filed against that order was dismissed on 21-1-94.
(3.) On 25-1-94 the revisionist moved an application for release of the truck stating that it is the financier of the truck in question. The truck was taken on hire purchase agreement by Smt. Sarvesh. The payment was to be made in instalments of Rs. 9000/- per month. She did not pay anything after 19-9- 92. It was stated that since the revisionist is the financier of the truck till the amount was paid, the truck belongs to it and, therefore, it should be released in its favour. This application was rejected by the Chief' Judicial Magistrate on the ground that the application for release of the truck of Smt. Sarvesh was rejected on 18-2-93 and he did not find any good and sufficient ground to release the truck in favour of the revisionist in view of the aforesaid order. Aggrieved by it the revisionist has come to this Court.;