Madras High CourtCRL OP/27598/2025disposed of

Mahendran v. The State Rep By, The Inspector Of Police

2025-10-09Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Mahendran Petitioner(s) Vs The State Rep By, The Inspector of Police Sulur Police Station, Coimbatore District.

Crime No.418 of 2025.

Respondent(s) PRAYER To set-aside the docket order in Crl.MP.SR.No.2451 of 2025 dated 07.08.2025 by the Learned Judicial Magistrate Court, Sulur and to grant interim custody of Ashok Leyland Tipper Lorry Vehicle bearing Registration No.TN-99-U-7162 to the petitioner.

For Petitioner(s):

Mr.M.N.Balakrishnan For Respondent:

Mr.R.Vinothraja, Govt. Advocate (Crl.Side)

ORDER

The petitioner has challenged the order of the Trial Court in returning the petition filed by the petitioner for release of vehicle.

2. It is the case of the petitioner that he has purchased a Tipper Lorry from one Kurumbathdevan, in respect of which a sale agreement also entered and necessary documents were also signed, but registration has not been effected before the registering authority. In the meanwhile, the said Kurumbathdevan died. On the basis of the agreement, the petitioner seeks to return the vehicle. However, the learned Magistrate returned the said petition.

3. The learned counsel for the petitioner would submit the he will get an affidavit from the legal heirs of Kurumbathdevan and file it before the concerned Magistrate and based on the said affidavit, the Magistrate may decide the issue.

4. In such view of the matter, as the petitioner claims that the vehicle has been sold to him, let the petitioner shall file an the affidavit of the legal heirs of Kurumbathdevan or produce them before the concerned Magistrate to indicate that the vehicle has been sold to him. In such case, the Trial Court shall entertain the petition and pass appropriate orders. Accordingly, this petition is disposed of.

5. The Registry is directed to return the original documents, which has been filed along with this petition, to the petitioner. 09-10-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police Sulur Police Station, Coimbatore District.

Crime No.418 of 2025.

N.SATHISH KUMAR J.

pvs CRL OP No. 27598 of 09-10-2025