Allahabad High Court
Tata Motors Finance Solution vs State Of U.P. And 2 Others on 7 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:49404 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 282 of 2025 Petitioner :- Tata Motors Finance Solution Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Counter affidavit, filed by the learned A.G.A. for the State, is taken on record.
2. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents, and perused the record.
3. The instant petition has been preferred with the prayer to quash the impugned order dated 23.10.2024, passed by the learned Additional Sessions Judge, Court No.23, Kanpur Nagar in Criminal Revision No. 276 of 2024, titled State v. Mohd Ehatimam as well as order dated 6.6.2024, passed by the Police Commissioner/Executive Magistrate, Kanpur Commissionerate, Kanpur Nagar in Case No.4 of 2021, arising out of Case Crime No.230 of 2021, under Section 5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 Animal Cruelty Act, P.S. Naubasta, District Kanpur Nagar.
4. Learned counsel for the petitioner submits that the petitioner is the financier of vehicle bearing registration no. UP-70ET/1366, which was hypothecated in favour of the petitioner's company by its registered owner. Upon the owner's failure to adhere to the repayment schedule and his continuous default in payment of installments, the petitioner invoked the arbitration clause embedded in the hypothecation agreement. Consequently, an arbitral award was passed in favour of the petitioner, which, inter alia, authorized the petitioner to take possession of the said vehicle.
5. Subsequently, upon inquiry, the petitioner came to know that the aforementioned vehicle had been seized by the police in connection with Case Crime No. 230 of 2021, registered under Sections 5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, at Police Station Naubasta, District Kanpur Nagar.
6. Pursuant thereto, the petitioner approached the Police Commissioner/Executive Magistrate, Kanpur, seeking release of the vehicle in light of the arbitral award and the petitioner's status as a financier. However, vide order dated 06.06.2024, the said application was rejected. Aggrieved by the aforesaid order, the petitioner preferred a revision, which too came to be dismissed by the learned Additional Sessions Judge, Court No. 23, Kanpur Nagar, vide order dated 23.10.2024.
7. It is further submitted that the vehicle in question has been lying in police custody since 24.03.2021, resulting in undue hardship and prejudice to the petitioner, who has been deprived of possession despite being the lawful financier and award-holder.
8. On perusal of the report, it transpires that the vehicle was seized on 24.03.2021. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station.
9. In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, let the vehicle be released in favour of the petitioner, if not auctioned, subject to the conditions that petitioner shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, petitioner shall not sell or dispose of the vehicle; the vehicle shall be used only for the purpose for which it has been purchased and not for any illegal purpose. If the vehicle is found to be involved in any of the offence, the same shall be intimated to the Court where the case is pending, the other conditions viz. security bond etc., shall be decided by the C.J.M. Kanpur Nagar, as he may deem fit and proper.
10. The instant writ petition stands allowed.
Order Date :- 7.4.2025 A. Tripathi Justice Vinod Diwakar