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2023 Supreme(Online)(MAD) 32665
MADRAS HIGH COURT
Honourable Mr Justice G.ILANGOVAN
Ramachandran – Appellant
Versus
The Sub Inspector – Respondent
CRL RC(MD)/1277/2022
A person who has purchased a vehicle under an agreement of purchase is the owner of the vehicle, even if the RC book is not in his name.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 451 - REVISION PETITION - VEHICLE SEIZED BY POLICE - PETITIONER CLAIMING TO BE OWNER - DISMISSAL OF PETITION BY MAGISTRATE - REVISION PETITION FILED - AGREEMENT OF PURCHASE PRODUCED - VEHICLE ORDERED TO BE RETURNED TO PETITIONER.
Fact of the Case:
The petitioner filed a petition under Section 451 of Cr.P.C for the return of his vehicle, which was seized by the police on the allegation that he was found in illegal possession of banned tobacco products. The petition was dismissed by the magistrate on the ground that the petitioner was not the owner of the vehicle.
Finding of the Court:
The court found that the petitioner had produced an agreement of purchase showing that he had purchased the vehicle on 01.07.2022, which was before the date of the alleged offence (10.07.2022). The court also noted that there were no previous cases pending against the petitioner.
Issues: Whether the petitioner was the owner of the vehicle.
Ratio Decidendi: The court held that the petitioner was the owner of the vehicle and that the magistrate had erred in dismissing his petition. The court relied on the agreement of purchase produced by the petitioner.
Final Decision: The court allowed the revision petition and ordered the return of the vehicle to the petitioner.
Crl.R.C(MD) No.1277 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.R.C(MD)No.1277 of 2022
Ramachandran
... Revision Petitioner
Vs.
State Represented by
The Sub-Inspector of Police,
Mallanginaru Police Station,
Virudhunagar District.
... Respondent
Prayer : This Criminal Revision Case has been filed under Sections 397 and 401
of Criminal Procedure Code, to allow this Criminal Revision Petition and call for
the records relating to the order passed by the learned Judicial magistrate No.1,
Virudhunagar in Crl.M.P.No.6458 of 2022 in Cr.No.85 of 2022 dated 07.11.2022
and set aside the same.
For Petitioner
: Mr.C.Murugavel
For Respondent : Mr.R.Suresh Kumar
Government Advocate(Crl.side)
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Crl.R.C(MD) No.1277 of 2022
ORDER
This Criminal Revision Case is filed to call for the records relating to the
order passed by the learned Judicial Magistrate No.1, Virudhunagar in
Crl.M.P.No.6458 of 2022 in Cr.No.85 of 2022 dated 07.11.2022 and to set aside
the same.
2. The learned counsel for the revision petitioner submitted that the
petitioner is the owner of the car, namely, Ford Fiesta Car, bearing Registration
No.TN-01-AC-9807. The respondent seized the vehicle on the allegation that the
petitioner had found in illegal possession of banned tobacco products. The
petitioner claiming himself as the owner of the vehicle filed a petition under
Section 451 of Cr.P.C in Cr.M.P.No.6458 of 2022, before the Judicial Magistrate
No.I, Virudhunagar, for return of vehicle and the same was dismissed on the
ground that the petitioner is not the owner of the vehicle. This petition has been
filed mainly on the ground that the petitioner is the agreement purchaser and apart
from that there is no previous case is pending.
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Crl.R.C(MD) No.1277 of 2022
3. On the earlier occasion (i.e) on 23.12.2022, the learned counsel for the
petitioner was directed to produce the original RC book along with agreement of
purchase.
4. Perusal of agreement shows that the vehicle was purchased on
01.07.2022 and the said occurrence is said have been happened on 10.07.2022,
which is after the above said purchase.
5.Considering the above facts and the circumstances of this case, this Court
is inclined to allow the Criminal Revision Case. Accordingly, the order dated
07.11.2022 made in Cr.M.P.No.6458 of 2022 passed by the learned Judicial
Magistrate No.I, Virudhunagar, is hereby set aside to the effect that the vehicle is
ordered to be returned to the petitioner by following proper procedure. The above
said original agreement to be produced along with R.C. Book before the
concerned Court and after completing the entire formalities, the same shall be
returned to the petitioner. The petitioner shall file an undertaking affidavit to the
effect that he will not alter or change the vehicle and also execute a bond to the
satisfaction of the concerned Court to be fixed on its own discretion.
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Crl.R.C(MD) No.1277 of 2022
In the result, this Criminal Revision Case is allowed.
03.01.2023
Index : Yes/No
Internet : Yes/No
tta
To:-
1.The Sub-Inspector of Police,
Mallanginaru Police Station,
Virudhunagar District.
2. Judicial Magistrate No.I,
Virudhunagar.
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Crl.R.C(MD) No.1277 of 2022
G.ILANGOVAN,J
tta
ORDER MADE IN
Crl.R.C.(MD)No.1277 of 2022
03.01.2023
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