Devendiran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.12.2023 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Devendiran ... Petitioner/Accused /versus/ The State Represented by, S.H.O.Kallakurichi Police Station, Crime No.793 of 2021 C.P.No.170 of 2021 ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to call for the entire records in Crl.R.P.No.22 of 2023, dated 15.06.2023 on the file Principal Sessions Judge, Villupuram and confirm the order passed by the Judicial Magistrate No.1, Kallakurichi in Crl.M.P.No.401 of 2022 dated 20.04.2022 and set aside the same.

For Petitioner : Mr.K.Ganapathy.

For Respondent : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side) Page No.1/4

O R D E R

The petitioner herein seeks interim custody of a vehicle namely JCB bearing Reg.No.PY-01-M-3088 claiming that, he is the owner of the JCB. However, the trial Court has found that the R.C. Book does not stands in the name of the petitioner and not inclined to rely upon the T.O Form produced by the petitioner.

2. This Court is not inclined to interfere with the order of the Court below since the petitioner is unable to establish the ownership of the vehicle. If the petitioner is able to establish the ownership of the vehicle based on the document or affidavit of the person in whose name the vehicle stands, his application may be considered in accordance with law.

3. With the above observation, this Criminal Original Petition is disposed of.

13.12.2023 Index :Yes/No.

Internet :Yes/No.

Speaking Order/Non-Speaking Order bsm Page No.2/4

Copy to:-

1. The Station House Officer, Kallakurichi Police Station.

2. The Public Prosecutor, High Court, Madras. Page No.3/4

DR.G.JAYACHANDRAN, J.

bsm 13.12.2023 Page No.4/4