Sivanraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE DR.P.DEVADASS Crl.R.C.(MD)No.247 of 2016 Sivanraj ... Petitioner Vs.

1. The Inspector of Police, Alanganallur Police Station, Madurai District.

2. Pandi R2 impleaded as per order of this Court made in Crl.M.P.(MD).No.4898 of 2016 in Crl.R.C.(MD).No.247 of 2016 dated 21.06.2016 by PDSJ.

... Respondents Prayer: Criminal Revision Petition is filed under Section 397 r/w. 401 of Cr.P.C., against the order in Cr.M.P.No.1990 of 2016 passed by the District Munsif cum Judicial Magistrate, Vadipatti, dated 07.03.2016.

For Petitioner :

Mr.M.Ramu For R1 :

Mr.P.Kandasamy Govt. Advocate (Crl.side) For R2 : Mr.Suthasathyananth

O R D E R

Like two women claimed motherhood to a child before King Salamon, before me two persons Sivanraj/third party and Pandi/defacto complainant in Crime No.119 of 2015 on the file of Alanganallur Police claims ownership to the auto bearing Registration No.TN 59 AQ 6509. In present day, we cannot give Solamon type justice.

2. Of course, it involves mind-boggling exercise. Yet, the matter totally rests on the provisions of Section 451 Cr.P.C. The principles laid down by the Honourable Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2003(1) CTC 175 (SC)] that the case property - Auto should not be allowed to expose to open sky, ultimately, it will become scrap value.

3. However, even to apply Sunderbhai Ambalal Desai (Supra), the Court must find out the entitlement of the person to interim

custody of the vehicle. Who is entitled to have the possession of the said Auto is looming large in this petitioner.

4. There is hectic legal battle to have the possession of the said auto, faced with headache, the learned Judicial Magistrate, Vadipatti thought it fit to dismiss the petition as there is rival claim and dismissed it. If there is a case, there will be a counter case. Otherwise, no case. If there is a claim, there is possibility of a counter claim.

5. Before the learned Judicial Magistrate, Vadipttai. There was lacks materials. Now, Sivanraj, the revision petitioner herein traces his ownership from Utham Finance. While Pandi trace his ownership from Bank Finance. Incidentally, it will also involve the RC book. Thus, there is one auto, one R.C.Book, but two owners, who is the real owner has become a million dollar question in this case. Before the learned Judicial Magistrate, Vadipatti, the document now Sivanraj referred to and the documents Pandi refers to have not been filed. In such circumstances, the learned Judicial Magistrate, Vadipatti on the ground that it is a rival claim, dismissed the petition. Thus, the matter remains yet to be adjudicated based on documents and relevant materials before the learned Judicial Magistrate.

In the circumstances, the Magistrate shall be asked to redo the work, conduct de-nova enquiry based on the documents to be filed by both sides. It is purely going to be property enquiry. With regard to the Auto materials collected by the police during investigation shall be presented before the Magistrate.

6. In the circumstances, ordered as under:

(i) This revision is allowed.

(ii) The impugned orders of the learned Judicial Magistrate, Vadipatti in Cr.M.P.Nos.1989 and 1990 of 2016 are set aside (iii) The learned Judicial Magistrate, Vadipatti will restore the said Cr.M.P.Nos.1989 and 1990 of 2016 to file. Both the parties viz., Sivanraj/third party and Pandi/de-facto complainant shall produce all the documents relating to the auto bearing Registration No.TN 59 AQ 6509 in support of their claim before the said Magistrate (iv) The learned Judicial Magistrate, Vadipatti will conduct fresh enquiry and pass property order under Section 451 of Cr.P.C. according to law at an early date.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar

To

1. The District Munsif cum Judicial Magistrate, Vadipatti.

2. The Government Advocate, Madurai Bench of Madras High Court, Madurai.

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

+1cc to M/S.M.RAMU,ADVOCATE SR NO: 45313 akv JA-KBM-31.08.2016/3P:5C Crl.R.C.(MD)No.247 of 2016 17.08.2016