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2016 Supreme(Mad) 2648

P.DEVADASS
Sivanraj – Appellant
Versus
Inspector of Police, Alanganallur Police Station, Madurai District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Ramu
For the Respondents: P. Kandasamy, Suthasathyananth

JUDGMENT :

Like two women claimed motherhood to a child before King Salamon, before me two persons Sivanraj/third party and Pandi/de-facto complainant in Crime No.119 of 2015 on the file of Alanganallur Police claims ownership to the auto bearing Registration No. TN 59 AQ 6509. In present day, we cannot give Solamon type justice.

2. Of course, it involves mind-boggling exercise. Yet, the matter totally rests on the provisions of Section 451 Cr.P.C. The principles laid down by the Honourable Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [2003(1) CTC 175 (SC)] that the case property – Auto should not be allowed to expose to open sky, ultimately, it will become scrap value.

3. However, even to apply Sunderbhai Ambalal Desai (Supra), the Court must find out the entitlement of the person to interim custody of the vehicle. Who is entitled to have the possession of the said Auto is looming large in this petitioner.

4. There is hectic legal battle to have the possession of the said auto, faced with headache, the learned Judicial Magistrate, Vadipatti thought it fit to dismiss the petition as there is rival claim and dismissed it. If there is a case, there will be a counter case








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