- (1.) THIS application under Article 227 of the Constitution of India, has been filed for issuance of direction for quashing the order dated 30.6.2003 passed in Criminal Revision No. 149 of 2001 whereby and where under the learned First Additional Sessions Judge, Jamshedpur dismissed the revision holding that the order is interlocutory one.
(2.) FACTS leading to filing of this application are that the petitioner is a registered owner of the truck bearing registration No. OR -05E -9029. A complaint case being C/1 case No. 147 of 2001 was registered on the basis of the complaint petition filed by the petitioner -complainant for committing dacoity of the truck aforesaid along with cash amount of Rs. 30,000/ - kept inside of box on the said truck and after S.A. and inquiry, cognizance in the case was taken under Section 379, IPC against the accused Sikandar and Pappu Sardar. During the pendency of the said case C/l 147 of 2001, the Telco P.S. seized the aforesaid truck on the petition filed by the complainant -petitioner Ram Dutt Singh. Thereafter the petitioner filed a petition in the Court below for release of the truck in his favour. The respondent O.P. No. 2 appeared in the case and contested the said petition filed by the petitioner and after hearing the parties, the learned Judicial Magistrate released the truck in favour of Tata Finance Limited till disposed of the case bearing No. C/1 147 of 2001 and thereafter the petitioner -complainant preferred a Criminal Revision being Cr. Revision No. 149 of 2001 but the revisional Court also dismissed the revision on the ground that order passed by the learned Court below was interlocutory order and order to release the vehicle in favour of the respondent O.P. No. 2 was justified. Thereafter this writ application has been filed.
(3.) THE sole contention of the learned counsel for the petitioner is that the petitioner is a registered owner of the vehicle aforesaid and he had purchased the vehicle on hire purchase agreement and had paid the entire instalments.;