Madras High Court
K.Karthik vs The State Rep. By on 4 February, 2022
Crl.O.P(MD)No.2380 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.02.2022
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.2380 of 2022
K.Karthik ... Petitioner
Vs.
1.The State Rep. by
The Inspector of Police,
Valandhur Police Station,
Madurai District.
Crime No.90 of 2010.
2.A.Saravanan ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to direct the learned Judicial Magistrate No.II, Usilampatti to
take the Cr.M.P.unnumbered/2021 in C.C.No.70 of 2011 petition filed
under Section 452 of Cr.P.C by the petitioner, on file without any
condition; and to hear and dispose the same on merits, within a stipulated
time.
For Petitioner : Mr.N.Karthik Kanna
For R1 : Mr.M.Sakthi Kumar
Government Advocate (Crl. side)
1/6
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Crl.O.P(MD)No.2380 of 2022
ORDER
Heard the learned counsel appearing for the petitioner and the
learned Government Advocate (Crl. side) appearing for the first
respondent. Considering the nature of relief to be granted, issuance of
notice to the second respondent is dispensed with.
2.The petitioner was figuring as an accused in C.C.No.70 of 2011
on the file of the learned Judicial Magistrate No.II, Usilampatti. The
case ended in conviction vide judgment dated 28.09.2012. Questioning
the same, the accused filed Crl.A.No.71 of 2012 before the V Additional
District and Sessions Judge, Madurai. By judgment dated 15.04.2016,
the appeal filed by the accused was allowed and the judgment of
conviction and sentence was set aside. During the pendency of the trial,
interim custody of the vehicle in question was handed over to the
financier.
3.The case of the petitioner is that since the petitioner has been
acquitted, the interim custody earlier granted to the vehicle owner should
be recalled and possession of the vehicle should be handed over to the
petitioner herein.
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Crl.O.P(MD)No.2380 of 2022
4.The petitioner filed petition seeking return of the vehicle. The
learned Trial Magistrate has declined to number the same. Challenging
the endorsement of return, this petition has been filed. The contention of
the petitioner's counsel that as an automatic consequence of acquittal, the
vehicle in question should be handed over to the petitioner cannot be
accepted. There is however merit in the contention that the learned Trial
Magistrate ought to have passed an order regarding the custody of
vehicle, when the trial was concluded. Section 452 of Cr.P.C., empowers
the trial Court to pass orders for disposal of property at the conclusion of
trial. This power can be exercised even in an independent proceeding.
Therefore, the petition filed by the petitioner is very much maintainable.
5.The learned Trial Magistrate is directed to number the petition.
Notice, of course, has to be issued to the financier. After hearing both the
parties, the learned Judicial Magistrate No.II, Usilampatti, will decide
who is entitled to possession of the vehicle. Based on the said
conclusion, order regarding custody can be made. I make it clear that I
have not gone into the merits of the matter. The learned Judicial
Magistrate No.II, Usilampatti will decide on the merits of the claim
between the petitioner and the financier.
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Crl.O.P(MD)No.2380 of 2022
6.The Criminal Original Petition Petition is allowed on these
terms.
7.Registry is directed to return the original petition filed by the
petitioner. The petitioner shall re-present the same before the learned
Judicial Magistrate No.II, Usilampatti. The re-presented petition shall be
numbered and notice shall be ordered to the financier/other interested
parties, if any. The enquiry shall be concluded within a period of six
weeks after service of notice on the financier.
04.02.2022
Index :Yes/No
Internet : Yes/No
sji
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To:
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Crl.O.P(MD)No.2380 of 2022
1.The Judicial Magistrate No.II, Usilampatti.
2.The Inspector of Police,
Valandhur Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Cour,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.2380 of 2022
G.R.SWAMINATHAN, J.
sji
Crl.O.P(MD)No.2380 of 2022
04.02.2022
https://www.mhc.tn.gov.in/judis
