Madras High CourtCRL RC(MD)/342/2024withdrawn dismissed

Sundaram Finance Ltd v. The Sub Inspector Of Police

2025-02-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Sundaram Finance Ltd Rep. by its Branch Manager, K.Bharath : Petitioner Vs.

1.State rep. by the Sub-Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

2.Murugesan : Respondents PRAYER : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order in Crl.M.P. No.1827 of 2023 in C.C.No.82 of 2023, dated 18.05.2023 passed by the learned District Munsif cum Judicial Magistrate, Singampuneri, Sivagangai District and set aside the same as illegal. For Petitioner : Mr.M.Maran For Respondents : Ms.M.Aasha, Government Advocate (Criminal Side) for R1.

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ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.1827 of 2023 in C.C.No.82 of 2023, dated 18.05.2023 on the file of the learned District Munsif cum Judicial Magistrate, Singampuneri, Sivagangai District, dismissing the petition filed under Section 451 r/w 457 of Cr.P.C.

2. It is not in dispute that the respondent police has seized the vehicle Goods Carrier bearing Reg.No.TN-59-CF-2421 and the same was produced before the concerned Court and the same came to be remanded. The petitioner, who had financed the vehicle has moved an application seeking custody of the vehicle and the learned Magistrate has passed the impugned order, dated 18.05.2023, dismissing the petition.

3. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the petitioner has not impleaded the owner of the vehicle and the petitioner may be given liberty to file a fresh petition and seeks permission of this Court to withdraw this petition and he has also made an endorsement to that 2/4

effect. Permission is granted.

4. Recording the same, this Criminal Revision Case is dismissed as withdrawn. The petitioner is at liberty to file a fresh petition impleading the owner of the vehicle.

14.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The District Munsif cum Judicial Magistrate, Singampuneri, Sivagangai District.

2.The Sub-Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das Order made in Dated: 14.02.2025 4/4