Only the registered owner of a vehicle is entitled to claim interim custody of the vehicle under Section 451 of the Cr.P.C.

The above Criminal Original Petition has been filed under Section 482 of Cr.P.C to set aside the order passed in Crl.M.P.No.2348 of 2003 (in Crime No. 367 of 2003 on the file of K-10, Koyambedu Police Station)and now PRC No.129 of 2003 dated 20.5.2003 on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai and order the petition, releasing the vehicle an Auto Rickshaw bearing Registration No.TN 07-Y-1382.

2. On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner is the Proprietor of Asha Finance, having office at No. 43(71) Ayyavoo Street, Shenoy Nagar, Chennai 30 (previously No.32, II Avenue, Anna Nagar, Chennai 40), that he entered into a Hire Purchase Agreement with J.Masthan Basha, owner of the Auto Rickshaw, while so the said vehicle was hired by the auto-driver Kumar, that the auto driver was involved in an offence, that the offence has been registered under Section 302 I.P.C. against the said accused person in Crime No. 367/2003, that the respondent police seized the vehicle on 10.3.2003, that the petitioner has filed Crl.M.P.No.2348/2003 in Crime No. 367 of 2003 on the file of K-10, Koyambedu Police Station ( now P.R.C.No.129 of 2003) before the V Metropolitan Magistrate Egmore, Chennai for the return of the vehicle and since the same was dismissed on 23.4.2003 by the Court below, the petitioner has come forward to file the above criminal original petition for the relief extracted supra.

3. Investigation is over. Charge sheet is filed in the case in Crime No.367/2003 in which two vehicles, the first one bearing Regn.No. TN 22 B 9151 and the second one bearing Regn.No.TN 07-Y-1382 are alleged to have been involved and the vehicles have been seized and entrusted with the custody of the Court and the same are now with the respondent for safe custody and the petitioner who is not an accused in the murder case, registered in the above Crime Number has come forward to claim the said vehicle.

4.The learned counsel would site a judgment of the Apex Court in M.B.SHAH AND D.M.DHARMADHIKARI reported in 2003 (1) CTC 175 indicating para 18 wherein it is held,

'In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.'

According to the said judgment, only if the vehicle is not claimed by the accused or owner or the insurance company or by third person, then such vehicle is ordered to be auctioned by the Court pertaining to which there is absolutely no controversy, whereas the above application is not one for deciding the validity of the auction i.e., held by the Court, but in the case in hand it is the financier seeking interim custody of the vehicle as against the right of the R.C.owner. Unless the financier has established his title over the said vehicle as against the R.C.owner in the competent Court of civil jurisdiction by an order of declaration that he is the title owner, he has absolutely no right to come forward to file an application of this sort claiming as though he is the owner of the vehicle. The financier is only a financier and he cannot become the R.C.owner by himself and it is only the R.C.owner who is entitled to file an application of this sort claiming interim custody of the vehicle and therefore, the petitioner being