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2017 Supreme(Mad) 3220

A.M.BASHEER AHAMED
Kumar – Appellant
Versus
State Rep. by the Inspector of Police, Sivagangai – Respondent


Advocates Appeared:
For the Petitioner:V. Kannan, Advocate.
For the Respondents: C. Mayilvahana Rajendran, Addl. Public Prosecutor.

JUDGMENT :

1. The Criminal Revision has been filed praying to set aside the order passed in Cr.M.P.No.3591 of 2017, in Crime No.20 of 2015, dated 01.09.2017, on the file of the learned Judicial Magistrate No.II, Sivagangai and to return the red colour BMW (L.M.V) Car, bearing Temporary Registration No.TN-22-TMP-2037.

2. The Criminal Revision is taken up for final disposal, in the admission stage itself with the consent of either side.

3. An FIR has been registered in Crime No.20 of 2015 for the offences under Sections 406, 420 & 120(b) of IPC., on 16.09.2015, on the file of the respondent Police and investigation of the case is pending. During the course of investigation, one of the accused, who is arrayed as 3rd respondent in this Revision, was arrested and he tendered confession on his own volition. BMW Car, bearing Engine No.0015Y001 and Chassis No.WBA3F 37040NP11901 was seized and was produced under P.R.No.43 of 2017 and the said car was kept in custody.

4. Admittedly, as per the records, the 2nd respondent is the owner of the said car and he is not an accused in the criminal case. The petitioner herein is the 3rd party to the criminal proceedings and claim ownership over the seize
















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