S.Govindarajan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.No.475 of 2022 S.Govindarajan ...

Petitioner versus State The Deputy Superintendent of Police, CBCID-HQRS, Metro Wing-II, Egmore, Chennai Crime No.4 of 2020 ...

Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to set aside the order dated 22.03.2022 passed in Crl.MP.No.5153 of 2022 by the CCB & CBCID Metropolitan Magistrate Court, Egmore, Chennai and direct the court below to return the original RC book of the petitioner's vehicle "Innova Crysta, Avant Garde Bronze Colour, bearing registration number TN 05 BV 3866" which is under their custody in P.No.335 of 2020.

For Petitioner : M/s.S.P.Arthi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

The present Criminal Revision has been filed praying to set aside the order dated 22.03.2022 passed in Crl.MP.No.5153 of 2022 on the file of the learned Metropolitan Magistrate Court, Egmore deal with CCB and CBCID Cases, Chennai and to direct the court below to return the original RC book of the petition mentioned vehicle-Innova Crysta, Avant Garde Bronze Colour, bearing registration number TN 05 BV 3866 to the petitioner, which is under their custody in P.No.335 of 2020

2. The case of the petitioner is that the petitioner, who is the owner of the petition mentioned vehicle, had purchased the same by availing loan from Toyota Financial Services India Limited by entering into an agreement dated 28.02.2019. The said vehicle has been purchased for his own use

and his family for medical emergency. Later, in connection with crime No.4 of 2020, the respondent police seized the said vehicle. However, after seizing the vehicle, vide order dated 06.08.2020 made in Crl.MP.No.1528 of 2020, the said vehicle was returned to the petitioner for interim custody subject to some condition, in which one of the condition is that the petitioner should produce the original RC book stands in his name before the court. The petitioner also, after complying the said conditions, received the petition mentioned vehicle for interim custody. Now, the petitioner herein paid the entire due payable to the Toyota Financial Services India Limited and due to the same, he wanted to made endorsement in the RC book. But the said relief sought for by the petitioner has been rejected and therefore, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner would contend that in the impugned order passed by the learned Metropolitan Magistrate, the status of the petitioner has not taken into account. In otherwise, by plainly accepting the objection raised by the respondent police, the learned Metropolitan Magistrate dismissed the petition which is erroneous in law.

4. On the other hand, the learned Government Advocate (crl.side) appearing for the respondent police herein did not raise any objection in allowing this petition for hand over the RC book for a period of 30 days.

5. Submissions made by the counsels appearing on either side are considered.

6. In order to show his bonafide, the revision petitioner herein filed letter issued by the Toyota Financial Services India Limited, wherein the said financial institution had given no objection certificate to cancel the endorsement made in the RC book. Therefore, it would necessary for the petitioner to cancel the endorsement made in the RC book. In otherwise, without cancelling the endorsement in the RC book, it cannot be said that the petitioner is having entire right over the petition mentioned vehicle. Furthermore, the petitioner has filed an undertaking affidavit for not to alter the vehicle. Therefore in the said circumstances, being the reason that the prayer sought for by the petitioner is for genuine cause, it would necessary to allow this revision petition by setting aside the order dated 22.03.2022 passed by the learned Metropolitan Magistrate.

7. Thus, the order dated 22.03.2022 passed by the learned Metropolitan Magistrate (CCB & CBCID cases), Egmore, Chennai in Crl.MP.No.5153 of 2022 is set aside. The learned Metropolitan

Magistrate (CCB & CBCID cases), Egmore, Chennai is directed to return the original RC book to the petitioner after getting an undertaking that the said RC book will be returned to the court within a period of thirty days.

8. This criminal revision is disposed of accordingly. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To 1.The Metropolitan Magistrate(CCB & CBCID cases), Egmore, Chennai.

2.The Deputy Superintendent of Police, CBCID-HQRS, Metro Wing-II, Egmore, Chennai 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.P.Arthi, Advocate Sr.NO. 25556 Crl.R.C.No.475 of 2022 GPL(CO) A.SK(26/04/2022)