Arnab Bangal v. The State Of West Bengal And ORS.

11.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.24 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2879 of 2023 In the matter of : Arnab Bangal ... Petitioner.

Mr. Sk. Jakir Hossain ... For the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Arijit Ganguly, Mr. Koushik Kundu ... For the State.

Report submitted by the learned advocate appearing for the State be kept with the record.

The petitioner is aggrieved by the factum of rejection of return of the vehicle in connection with Sabang Police Station Case No. 117 of 2022. Records reflect that the petitioner claimed the vehicle in connection with Sabang Police Station Case No. 117 of 2022 which was returned to the petitioner pursuant to an order passed by the Court. The petitioner claims that the vehicle subsequently started plying and was seized forcibly by the finance company viz. Cholamandalam Investment and Finance Co. Ltd. According to the petitioner, he has not taken any loan in respect of the said vehicle, but the loan in respect of the said vehicle was taken by someone else. He also claimed that the vehicle was registered in his name.

If an offence has been committed subsequent to the order passed by a court of law, a separate cause of action would arise and a separate case is to be registered for the same.

So far as release of the vehicle in connection with Sabang Police Station Case No. 117 of 2022 is concerned, the same was allowed and interim custody of the vehicle was already granted to the petitioner. The petitioner would be at liberty to file afresh in connection with the facts which were canvassed in his application before the learned Chief Judicial Magistrate, Paschim Medinipur which was filed on 11.04.2023.

With the aforesaid observations, the revisional application being CRR 2879 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)