HDFC BANK LTD Vs. STATE OF PUNJAB
LAWS(P&H)-2012-7-47
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 13,2012

HDFC BANK LTD Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

MEHINDER SINGH SULLAR, J. - (1.) THE epitome of the facts, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, a criminal case was registered against the accused, vide FIR No.358 dated 18.9.2009, on accusation of having committed the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 120-B IPC by the police of Police Station Division No.6, Jalandhar, in which, a Hyundai Verna Car, which was hypothecated with the petitioner-HDFC Bank Limited (for short "the petitioner-bank") was taken into possession by the police as a case property.
(2.) IN pursuance of the application filed by the petitioner-bank, the Car in question was released on superdari by the Area Magistrate, by virtue of impugned order dated 18.3.2011 (Annexure P1), which is as follows:- "Pursuant to the notice, accused Jaspreet Singh has come present. He had suffered the statement that he is not in possession of any proof regarding the ownership of Hyundai Verna Car and he has no objection, if the said car is ordered to be released to HDFC Bank. Accordingly, in view of the statement suffered by the accused and in view of the report of the police, The Hyundai Verna Car is ordered to be released on sapurdari to the HDFC Bank through its attorney Arun Kumar Ozas, on furnishing the sapurdari bonds in the sum of Rs.6,00,000/-, with one surety in the like amount thereby undertaking that applicant will produce the vehicle on each and every date of hearing and will not change the color and will not sell the said vehicle. Release warrants be issued, subject to furnishing of sapurdari bonds." Aggrieved by the order (Annexure P1), the revision petition filed by the petitioner-bank was dismissed as well, by the revisional Court, by means of impugned judgment dated 4.2.2012 (Annexure P2).
(3.) THE petitioner-bank still did not feel satisfied and preferred the present petition, to challenge the impugned orders (Annexures P1 & P2), invoking the provisions of Section 482 Cr.PC.;


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