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2025 DAILYLAW 189296 (ALL)

RAM ACHAL AGRAHARI v. State of U.P.

CRLR/4792/2024 · 2025-09-21

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4792 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist and learned AGA for the State. 2. This revision has been filed by the revisionist against the order dated 12.8.2024 passed by J. M.-III, Gorakhpur in Misc. Application No. 1235 of 2024 (Ram Achal Agrahari Versus unknown), P. S.-Geeda, district- Gorakhpur, whereby application filed by the revisionist under Section 156 (3) has been rejected. 2. Learned counsel for the revisionist submits that the wife of the revisionist has purchased a vehicle by taking a loan from the finance company, namely, Tata Motors Finance Limited and the vehicle was being used for delivery of the goods with Flipkart Company, which is an e-commerce company. He further submits that the Finance Company has re-possessed the vehicle due to default in repayment of the loan, wherein the documents of the vehicle and some cash was also kept inside the said vehicle. While the driver was carrying the said vehicle, neither the owner nor her husband, were sitting in the said vehicle. However, it involves a bilateral agreement between the owner and the said Finance Company. Learned counsel is not clear as to whether the wife of the revisionist has entered into a higher purchase agreement or lease agreement. 3. On the other hand, learned AGA submits that the present revision has been filed by the de facto owner of the vehicle, (husband of the owner) and not by de jure owner of the said vehicle, which was financed by Tata Finance. Moreover, the said vehicle was driven by the driver, neither by the Versus Counsel for Revisionist(s) : Kaushlendra Pratap Singh Counsel for Opposite Party(s) : G.A. Ram Achal Agrahari .....Revisionist(s) State of U.P. .....Opposite Party(s) owner nor her husband. 5. After having regard to the rival contentions and perusing the material on record, it is clear that the vehicle is registered in the name of the wife of the revisionist and the revisionist has neither raised any grievance before any forum nor the Finance Company, which is a necessary party, and has not been impleaded, the present revision is devoid of merit and is accordingly dismissed. 6. However, it will be open to the revisionist to take recourse of appropriate legal remedy available to him under law. September 22, 2025 HR CRLR No. 4792 of 2024 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad