M. Gurusamy, Age 49 Years, v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016 CORAM :

THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM Crl.R.C.No.987 of 2016 M.Gurusamy .. Petitioner Vs..

1.The Inspector of Police, B4 Police Station, Race Course, Gopalapuram, Coimbatore, Tamil Nadu 641 018.

...1st Respondent/ 1stRespondent 2.M/s.Hinduja Leyland Finance Ltd., Rep. by its Manager, Gowtham Centre Agencies, No.1057/25, 3rd Floor, Avalance Road, Coimbatore.

3.Hinduja Leyland Finance Ltd., Represented by its Manager, No.1, Sardar Patel Road, Guindy, Chennai 600 032.

...2nd & 3rd Respondents/ defacto Complainant 4.M/s.Kotak Mahindra Bank Rep. by its Deputy Manager, Mr.Judis Glaston, Ground Floor, 1054/33, Avinashi Main Road, Annasilai, Gowtham Centre Annexe, Gopalapuram, Coimbatore, Tamil Nadu 641 018.

.. 4th Respondent/Respondent PRAYER: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to call for the records in the common order passed in CMP.No.4729 of 2015 dated 30.12.2015 on the file of the learned Judicial Magistrate No.III, Coimbatore and set aside the same as illegal, arbitrary and against the law and thereby direct the first respondent to handover the vehicle bearing Registration No.KA05 AC 5533, Chassis No.PNR 711797 and Engine No.NPH 842168 to the petitioner.

For Petitioner : Mr.M.Sunil Kumar For 1st respondent : Ms.M.F.Shabana, GA (crl.side) For respondents 2 to 4 : No Appearance

O R D E R

Heard both sides.

2.The learned counsel for petitioner has made an endorsement in the revision petition, which reads as follows :- "case property viz., lorry may be sent for forensic report and time may be stipulated to get the report at the earliest and liberty may be granted to approach the trial Court to file fresh application for return of lorry after forensic report."

3.The above said endorsement is recorded.

4.Despite service of notice and their names having been printed in the cause list, there is no representation on behalf of respondents 2 to 4.

5.In view of the above, the criminal revision case is disposed of. The learned Judicial Magistrate No.III, Coimbatore is directed to take steps to send the vehicle to forensic department and obtain report from the forensic department within four months from the date of receipt of a copy of this order and the Court below is further directed to report the same to this Registry.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The learned Judicial Magistrate No.III, Coimbatore.

2.The Inspector of Police, B4 Police Station, Race Course, Gopalapuram, Coimbatore, Tamil Nadu 641 018.

3.The Public Prosecutor, High Court, Madras.

4.The Section Officer Criminal Section high Court Madras (for follow-upaction) +1 cc to Mr.M.Sunil kumar Advocate sr 55442 Crl.R.C.No.987 of 2016 rk(co) aa04/11/2016