Rakesh Khathiri v. State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-06-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
1. Rakesh Khathiri S/o.Risal Singh, No.399, VPO Ismailaismalia, 9-B(38),Rohtak-124 501 Haryana Petitioner(s) Vs.
1. State rep by its Inspector of Police Mecheri Police Station, Salem District Cr.No.467/2024 Respondent(s) PRAYER: Criminal Revision Case is filed under Section 438 and 442 of the BNSS, 2023 to set aside the order dated 29.05.2025 passed in C.M.P. No.166 of 2025 on the file of the Judicial Magistrate No.II, Mettur and consequently grant the custody of the vehicle bearing registration No.HR-63-C-5422 to the revision petitioner.
For Petitioner(s):
Ms.S.Abhinaya Shree For R1:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
This matter is listed today under the caption "For being mentioned" at the instance of the learned counsel for the petitioner and the learned counsel for the respondents.
2. The learned counsel for the second respondent would submit that the petitioner produced a fake registration certificate which stands in the name of the company and obtained order from this Court.
3. The specific case of the petitioner is that he had purchased the alleged vehicle from one Ashish Hooda on 31.08.2022. Hence it seems that there is an internal issue between the second respondent and his partners. If at all there is any grievance, the second respondent is at liberty to file a suit. Hence, no further order is required in this petition.
4. The learned counsel for the petitioner submitted that some clerical errors are crept in the order dated 24.06.2025 in Crl.R.C.No.886 of 2025 and the same may be rectified.
5. Considering the above submission, the following modifications are made in the order dated 24.06.2025 in Crl.R.C.No.886 of 2025: i) Paragraph No.2 of the above order is replaced as under: "3. The petitioner is the purchaser of the lorry bearing Registration No.HR-63-C-5422 on 11.04.2025. The said vehicle was purchased by way
of availing loan from M/s.Cholamanddalam Investments & Fin.Co.Ltd. While being so, a case has been registered as against one Samesh Kumar, who is one of the partner of the defacto complainant, in Crime No.467 of 2024 for the offences punishable under Sections 406 of IPC. The defacto complainant and the accused are partners of a firm M/s.Monika Road Carrier. On 03.08.2018, the accused transferred the ownership of the subject vehicle to the name of the partnership firm in the year 2018. Subsequently, the said vehicle was sold out in favour of the petitioner's vendor, viz., Ashish Hooda, on 31.08.2022. Thereafter, the said Ashish Hooda sold the vehicle to the petitioner on 11.04.2025." (ii) In paragraph No.4, the name "Ashish Gouvda" is replaced as "Ashish Hooda"
6. Besides the above corrections, the remaining portion of the order dated 24.06.2025 remains unaltered.
7. Registry is directed to carry out the necessary corrections in the order dated 24.06.2025 in Crl.R.C.No.886 of 2025 and issue a fresh order copy forthwith.
26-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn
G.K.ILANTHIRAIYAN J.
bkn To 1.The Inspector of Police Mecheri Police Station, Salem District Cr.No.467/2024 Crl RC No.886 of 2025 26.06.2025