P.Jagadesan vs The Station House Officer
2021 Latest Caselaw 10197 Mad

                                                                                          Crl.R.C.No.215 of 2021


                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 21.04.2021

                                                            CORAM

                                     THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                    Crl.R.C.No.215 of 2021


                     P.Jagadesan                                    ...      Petitioner

                                                             Vs.

                     The Station House Officer,
                     Nettapakkam Police Station,
                     Puduchery.                                     ...      Respondent
                     (Crime No.198 of 2020)



                     PRAYER: Criminal Revision Case filed under 397 r/w 401 of Cr.P.C. to set aside
                     the order dated 09.03.2021, passed in Crl.M.P.No.711 of 2021, on the file of the
                     Judicial Magistrate No.1, Pondicherry and direct the respondent to return the
                     Maruti Suzuki Swift Dzire Car bearing registration No.TN-31-AJ-7822, to the
                     petitioner.



                                   For Petitioner       :     Mr.Anbalagan

                                   For Respondent       :     Mr.D.Bharathachakravarthy
                                                              Public Prosecutor (Pondicherry)




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                                                                                      Crl.R.C.No.215 of 2021




                                                          ORDER

By consent of the learned counsel for the petitioner, the matter is taken

up today for final disposal at the admission stage itself.

2. The present Criminal Revision Case has been filed against the order

dated 09.03.2021, passed by the learnd Judicial Magistrate No.1, Pondicherry in

Crl.M.P.No.711 of 2021, dismissing the petition filed under Section 451 of

Cr.P.C, seeking return of the Maruti Suzuki Swift Dzire Car bearing registration

No.TN-31-AJ-7822, to the petitioner.

3. The respondent-Police has seized a Maruti Suzuki Swift Dzire Car

bearing registration No.TN-31-AJ-7822, belonging to the petitioner in connection

with the case registered in Crime No.198 of 2020 on its file for offence under

Sections 341, 323, 324, 364(A) and 397 of IPC. Hence, the petitioner has moved

Crl.M.P.No.711 of 2021 in Crime No.198 of 2020, before the learned Judicial

Magistrate-I, Pondicherry, seeking return of the vehicle. Such petition came to

be dismissed under orders of the Court below dated 09.03.2020. Hence, this

revision.

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4. The learned counsel for the petitioner would submit that the petitioner

is involved in the buying and selling of used cars and during the course of

business, one Arumugam, approached the petitioner for selling his Maruti Suzuki

Swift Dzire Car bearing registration No.TN-31-AJ-7822 and sold the same to the

petitioner and signed all the necessary papers and handed over all the original

documents pertaining to the car, and in exchange purchased purchased Mahindra

XUV500 W8 car from the petitioner, later, as an afterthought gave a compliant

of kidnapping after a delay of 4 days and on that basis, the respondent herein

had recovered the card from the petitioner on 06.01.2021. It is further

submitted that the petitioner was innocent bonafide buyer and redeem the sale

consideration paid by him only by selling the said Maruti Suzuki Swift Dzire Car

bearing registration No.TN-31-AJ-7822. However, the learned Judge,

erroneously rejected the petition filed under Section 451 of Cr.P.C. In support

of his contentions, the learned counsel has relied upon the Judgment of the

Hon'ble Supreme Court in the case of Basavva Kom Dyamangouda Patil Vs.

State of Mysore [1977 4 SCC 358]; Sunderbhai Ambalal Desai Vs. State of

Gujarat [(2002) 10 SCC 283]; General Insurance Council and Ors. Vs. State of

Andhara Pradesh and Ors. [(2010) 6 SCC 768].

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5. The learned Government Advocate (Criminal Side) would submit that if

the Maruti Suzuki Swift Dzire Car bearing registration No.TN-31-AJ-7822 is

returned to the petitioner, he will not produce the same during the trial period,

since he himself has admitted that as per his nature of business, the said car

was purchased by him as a mediator for buying and selling used cars and he may

not be in a position to retain the same for long time as he had to sell the car to

realize the sale consideration paid by him to Arumugam for purchasing the

alleged property, failing which, he will be put to irreparable loss and hardship.

Further, the said Arumugam had also filed a petition for interim custody of the

alleged car bearing registration No.TN-31-AJ-7822 before the trial Court in

Crl.M.P.No.1146 of 2021 and the same is pending and further, there is a dispute

regarding the ownership of the property and if the property is returned, the

petitioner may not retain it and produce the same during trial, and therefore,

the learned Magistrate, on proper appreciation of materials, rightly dismissed

the petition, and as such, no interference is required.

6. Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor (Pondicherry) for the respondent and perused the materials

available on record.

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7. Admittedly, a case was registered by the respondent-Police in Crime

No.198 of 2020 on its file for offence under Sections 341, 323, 324, 364(A) and

397 of IPC and during the pendency of the investigation, the respondent-Police

has seized a Maruti Suzuki Swift Dzire Car bearing registration No.TN-31-AJ-

7822, belonging to the petitioner. It could be seen from the records both the

petitioner herein and Arumugam, who sold the alleged car to the petitioner

herein, have approached the learned Magistrate, for the interim custody of the

vehicle. The present petition is challenged by the petitioner for the dismissal of

the petition filed under Section 451 of Cr.P.C. by the learned Magistrate. The

petition filed by the erstwhile owner-Arumugam in Cr.M.P.No.1146 of 2021

before the learned Magistrate is still pending, and the same can be concluded

only after trial.

8. Though the learned counsel for petitioner, by referring the decisions of

the Hon'ble Supreme Court, submitted that the vehicle cannot be kept in open

space, if it is kept in open space, and exposed to sun light and rain, it would

lose its value, and therefore it has to be returned, however, the said decisions

would not applicable to the present case on hand, as admittedly, the

investigation is not yet completed and the charge sheet also yet to be filed and

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if the vehicle is released, there would be a possibility for changing the engine

and chassis number, which would defeat the entire case of the prosecution, and

therefore, this Court is not inclined to grant relief to the petitioner. Further,

during the investigation, releasing of the vehicle is purely discretionary power of

the Court. Unless any arbitrariness or malafides found, the revision Court need

not interfere with the order passed by the Court below.

9. In view of the above, this Court is not inclined to exercise discretionary

power and there is no illegality or perversity in the order passed by the learned

Judicial Magistrate, Puducherry. In fine, the Criminal Revision Petition is

dismissed.

21.04.2021

Speaking Order / Non-speaking order

Index : Yes / No. Internet : Yes.

rns

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To

1.The Judicial Magistrate No.1, Pondicherry.

2.The Station House Officer, Nettapakkam Police Station, Puduchery.

3.The Government Advocate (Criminal Side), Madras High Court.

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P.VELMURUGAN, J.

rns

Crl.R.C.No.215 of 2021

21.04.2021

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