T.J.Rajeshkumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2102 of 2017 T.J.Rajeshkumar ... Petitioner Vs.

1. The State rep. by, Sub Inspector of Police, (Crime) B-9, Saravanapatti Police Station, Coimbatore.

2. The Manager, Sriram City Union Finance, 2A, NSR Road, Co-operative Colony, S.B.Colony, Co-operative Colony, Saibaba Colony, Coimbatore - 38.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to recover the petitioner's vehicle Honda Yamaha Red Color bearing No.TN.66 L 8994 from the 2nd respondent and handover to the petitioner. For Petitioner : Mr.K.Sudhakar For Respondents: Mr.C.Raghavan Government Advocate (Crl. Side) for R1 : Mr.V.Bhiman for R2

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to recover the petitioner's vehicle Honda Yamaha Red Color bearing No.TN.66 L 8994 from the 2nd respondent and handover to the petitioner.

2.The learned counsel for the 2nd respondent would submit that the vehicle was purchased on the hypothecation agreement and the petitioner delayed on the payment of installments. Therefore, as per the hypothecation agreement, vehicle has been seized and action was taken legally.

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3. Considering the facts and circumstances of the case, this petition is devoid of merits and as such this Court is not inclined to grant the prayer sought for by the petitioner.

4. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Deputy Registrar(CJ conf) //True Copy// ssr Sub Assistant Registrar To

1. The Sub Inspector of Police (Crime) B-9, Saravanapatti Police Station, Coimbatore.

2. The Public Prosecutor, Hight Court of Madras.

+1 cc to Mr.V.Bhiman, Advocate, S.R.No.40214 Crl.O.P.No.2102 of 2017 KJ(CO) SSM(18/06/2019) https://hcservices.ecourts.gov.in/hcservices/