Madras High CourtCRL OP/9804/2020disposed of

Alagan v. The State Rep By Its,

2020-07-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9804 of 2020 Alagan (M/36) S/o. Govindaraj, 3/56, Mangallipillai Thottam, Giriyappa Road, T.Nagar, Chennai ... Petitioner /vs/ State rep. By The Inspector of Police, Virudhachallam Police Station, Cuddalore District ... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to return the vehicle namely JCB BACKHOE LOADER (3DX) bearing registration number TN 31 CA 2363 to the petitioner.

For Petitioners : Mr. K.Pragadeesh Kumar For respondents : Mr. Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction to return the vehicle CB BACKHOE LOADER (3DX) bearing registration number TN 31 CA 2363 to the petitioner.

2. The petitioner has purchased the vehicle JCB through auction conducted by the Chollamadalam Investment and Finance Company. After purchasing the said vehicle, the same was taken by the original owner of the vehicle. It is also seen that since the original owner defaulted on his payment to the financier, the vehicle was seized by the financier and hence, the said vehicle was sold out on the auction. In the auction, the petitioner had purchased the same. Thereafter it was taken by the original owner. Hence, the petitioner lodged a complaint and it was registered in Crime No. 12 of 2020 for the offence under Sections 147, 341, 379 of IPC. Thereafter, the respondent police also recovered the vehicle and deposited the same before the concerned Judicial Magistrate Court. Since the vehicle was not yet https://hcservices.ecourts.gov.in/hcservices/

transferred with the petitioner after purchase it from auction, RC book is not available with the petitioner. Hence, the petition for returning of his vehicle was returned for want of original RC Book.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

4. Considering the above facts and circumstances, the learned Magistrate is directed to entertain the petition for return of property without insisting the petitioner to produce original Registration Certificate of the JCB BACKHOE LOADER (3DX) bearing registration number TN 31 CA 2363 and pass appropriate orders on merits and in accordance with law.

5. With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp 1.The Inspector of Police, Virudhachallam Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9804 of 2020 VSN II(CO) CB(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/