Madras High Court
R.Fathima vs The State Rep.By on 9 April, 2021
Crl.O.P.No.6951 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.6951 of 2021
R.Fathima ... Petitioner
Vs.
The State Rep.by
The Inspector of Police
B-1, Dharmapuri Town Police Station
Dharmapuri
Crime No.1311 of 2012. ... Respondent
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to pass
an order of direction to the learned Judicial Magistrate No.I, Dharmapuri to
release the vehicle viz., White Colour Skoda Car bearing Registration No.TN-
07-BQ-1500 and to return the original R.C.Book of the vehicle to the petitioner
herein pending in Crime No.1311/2012 of B1, Dharmapuri Police Station.
For Petitioner : Mr.T.Surendran
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to pass an order of
https://www.mhc.tn.gov.in/judis/
direction to the learned Judicial Magistrate No.I, Dharmapuri to release the
vehicle viz., White Colour Skoda Car bearing Registration No.TN-07-BQ-1500
Crl.O.P.No.6951 of 2021
and to return the original R.C.Book of the vehicle to the petitioner herein
pending in Crime No.1311/2012 of B1, Dharmapuri Police Station.
2. It is seen that the petitioner is the wife of the defacto
complainant. On 10.08.2012, the petitioner's husband was abducted along with
the White Colour Skoda Car bearing Registration No.TN-07-BQ-1500 by 10
persons and hence, he lodged a complaint before the respondent police herein
and a case was registered in Crime No.1311 of 2012. Thereafter, the respondent
Police seized the said Car. Subsequently, the petitioner moved Crl.M.P.No.3933
of 2012 before the Lower Court to return her Car and the same was allowed on
17.09.2012 on condition that the petitioner shall deposit the original R.C.Book
of the vehicle. Now, the petitioner has filed this petition seeking direction to
return the original R.C.Book of the vehicle and also seeking permission to sell
the vehicle. The petitioner had not moved any petition seeking such prayer
before the trial Court.
3. In a case of this nature, the Hon'ble Apex Court in a judgment of
has held that the vehicle involved in criminal case to be taken along with CD
and produce the same before Court and thereafter, the vehicle to be returned to
the person, from whom the vehicle had been seized, even if that person is an
accused as in this case.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6951 of 2021
4. Taking into consideration the above judgment, it would not be
right to hand over the vehicle to the petitioner without handing over the
R.C.Book. In view of the same, the petitioner is directed to approach the trial
Court with necessary particulars.
5. With the above direction, this Criminal Original Petition is
disposed of.
09.04.2021
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
dna
To
1.The Inspector of Police
B-1, Dharmapuri Town Police Station
Dharmapuri
Crime No.1311 of 2012.
2.The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.6951 of 2021
M.NIRMAL KUMAR,J.
dna
Crl.O.P.No.6951 of 2021
https://www.mhc.tn.gov.in/judis/ 09.04.2021
