Advocates:
['M/S M RANJITH KUMAR', '', 'R RAVIKUMAR', 'G VINODKUMAR', 'PUBLIC PROSECUTOR']

Crl.R.C.No.193 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Criminal Revision Case No.193 of 2020

Maripriyan

... Petitioner

Versus

The Station House Officer,

Nellikuppam Police Station,

Cuddalore,

Crime No.378 of 2019.

... Respondent

Criminal Revision Case filed under Section 397 and 401 Criminal

Procedure Code, to set aside the order dated 06.01.2020 made in

Crl.M.P.No.2360 of 2019 in Crime No.378 of 2019 on the file of the learned

Judicial Magistrate No.I (FAC) Cuddalore.

For Petitioner

:

No appearance

For Respondent

:

Mr.R.Murthi

Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed against the order dated

06.01.2020 passed in Crl.M.P.No.2360 of 2019 by the learned Judicial

Magistrate No.I (FAC) Cuddalore.

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Crl.R.C.No.193 of 2020

2.It is the case of the petitioner that the respondent police registered a

case in Crime No.378 of 2019 against the petitioner for the offence under

Sections 465 and 468 IPC and seized the vehicle viz., Maruti Ertiga VXI Car,

Registration No.TN-06-H-0075. Pending investigation, the petitioner filed a

petition under Section 451 Cr.P.C in Crl.M.P.No.2360 of 2019 seeking interim

custody of the vehicle before the learned Judicial Magistrate No.I, Cuddalore.

The learned Magistrate by an order, dated 06.01.2020 dismissed the petition,

against which, the present Criminal Revision Case is filed before this Court.

3.The case of the prosecution is that on 24.07.2019 at about 20.30 hrs.,

when the respondent/police were in the patrol duty near Nellikuppam Bus

Stand, a vehicle viz., Maruti Ertiga VXI Car, Registration No.TN-06-H-0075

came in a rash and negligent manner and when the respondent/police

attempted to stop the vehicle, the driver of the vehicle, drove the car more

rashly and before causing accident, he was caught hold by the

respondent/police. Thereafter, on enquiry, it was found that the Registration

number mentioned in the R.C. Book and number mentioned in the number

plate fixed in the vehicle are not one and the same. Hence, the vehicle was

subjected to Motor Vehicle Inspection and as per the report of the Motor

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Crl.R.C.No.193 of 2020

Vehicle Inspector, Panruti, the number plate fixed in the vehicle is a forged

one. Hence, in order to enquire owner of the vehicle, a case in Crime No.378

of 2019 was registered against the petitioner who is the owner of the vehicle.

4.The learned counsel for the petitioner would submit that the petitioner

is the owner of the vehicle and he is in no way connected with the alleged

offence. Therefore, the petitioner seeks interim custody of the said vehicle.

5.The learned Government Advocate (Crl.Side) appearing for the

respondent submitted that investigation has not yet been completed and

charge sheet has also not been filed and hence, the vehicle in question cannot

be released at this stage.

6. It is seen that the case was registered in the year 2019, so far,

investigation has not yet been completed and charge sheet also not yet been

filed. The release of the vehicle during investigation is purely the discretionary

power of the Court. In the case on hand, it is seen that the respondent/Police

is prolonging the investigation.

7. Therefore when the matter was taken up for hearing on 04.01.2023,

this Court directed the respondent/Police to take the photographs of the said

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Crl.R.C.No.193 of 2020

vehicle and present before this Court on 05.01.2023.

8. Today, when the matter is taken up for hearing, the prosecution

produced the photographs of the vehicle in question. On perusal of the

photographs, it is seen that the said vehicle is kept in the open space.

Naturally, if the vehicle is left idle in the open space,