ASHIM KUMAR ROY, J. - (1.) THE petitioner is the Chief Executive Officer, Burdwan Central Co -operative Bank Ltd. It is his case that by taking a loan from the bank, Saral Paribahan Samabaya Samiti purchased one bus. However, after purchasing the bus, the loan amount was not liquidated. In such situation, a complaint was lodged against the aforesaid Samity and his office bearers, before the learned Judicial Magistrate, 4th Court, Burdwan, which gave rise to C.R. Case No. 145 of 2004 under Sections 420/406 I.P.C. It is further submitted in connection with the said case pursuant to the order of the court, the police seized the vehicle and the same was placed in the custody of the court. Then on the prayer of the petitioner, the said vehicle was released to it against execution of a bond of Rs.8 lacs and the bank was permitted to ply it in the route for gain. It is submitted, since the bank was not the registered owner of the vehicle, the bank never was in a position to ply it and has to keep it idle. Then it is submitted that due to the reason the vehicle was not running various mechanical defects developed and it has become junked. When the petitioner moved the court concerned for permitting him to sale the vehicle on auction and to keep the money obtained thereby in the custody of the court. However, the first court rejected such prayer and against the same the petitioner moved the revisional court, there also he lost. It is submitted by the learned advocate for the petitioner that no useful purpose will be served by keeping the vehicle idle and to reduce him to scrap. Therefore, the petitioner's prayer made before the trial court may be considered and allowed.
(2.) HEARD the learned advocate appearing on behalf of the petitioner as well on behalf of the opposite party no.2 and the State. Neither the advocate appearing on behalf of the opposite party no.2 nor the advocate appearing on behalf of the State opposed such prayer.
(3.) BE that as it may, I am of the opinion, no useful purpose will be served to maintain status quo in respect of the vehicle in question and on the other hand if the petitioner's prayer is allowed that would not cause any prejudice to any one. I therefore, allow this criminal revision directing the learned trial court to permit the petitioner to sell the vehicle in a public auction and the sale proceed be kept in the custody of the court till the disposal of the trial.;