Jegan v. Inspector Of Police

PRAYER

Criminal Revision Petition filed under Sections 397 and 401 of Cr.P.C, seeking to set aside the order dated 26/3/2012 made in Cr.M.P No. 2424 of 2012 on the file of the Judicial Magistrate No. II, Nagercoil and to release the TATA Model SFC 407 Tempo vehicle bearing Registration No. TN43B-0506 to the petitioner forthwith.

ORDER:

The Petitioner/Owner of the Vehicle has preferred the Criminal Revision Case (MD) No. 145 of 2012 as against the order dated 26/3/2012 in Cr.M.P No. 2424 of 2012 passed by the Learned Judicial Magistrate No. II, Nagercoil, in dismissing the petition filed for interim safe custody of the vehicle under Sections 451 and 457 of the Criminal Procedure Code.

2. The Learned Judicial Magistrate No. II, Nagercoil, while dismissing Cr.M.P No. 2424 of 2012 filed by the Revision Petitioner/Petitioner on 26/3/2012 has borne in mind that the plea advanced on behalf of the prosecution side that the vehicle involved in the case will be required for the purpose of enquiry and further, some more documents are to be seized and viewed in that perspective has rejected the request for interim custody of the vehicle to the Petitioner.

3. The Revision Petitioner has filed M.P(MD) No. 1 of 2012 in Crl.R.C(MD) No. 145 of 2012 praying for the issuance of an order by this Court to direct the Respondent in releasing TATA Model SFC 407 Tempo vehicle bearing Registration No. TN43B-0506. Accordingly, this Court in M.P(MD) No. 1 of 2012 in Crl.R.C(MD) No. 145 of 2012 has passed an order on 16/4/2012 by directing the Respondent to return TATA Model SFC 407 Tempo vehicle bearing Registration No. TN43B-0506 in question to the Petitioner for an interim custody, of course, by imposing the conditions stated therein.

4. At this juncture, the Learned Counsel for the Revision Petitioner brings it to the notice of this Court that the Tempo Vehicle involved in the case (as mentioned supra) has been handed over to the Petitioner. A perusal of the Grounds raised in the present Criminal Revision Case and the relief sought for by the Petitioner in M.P(MD) No. 1 of 2012 for interim custody of the Tempo vehicle in issue are one and the same. By allowing M.P(MD) No. 1 of 2012 filed by the Petitioner to release TATA Model SFC 407 Tempo vehicle bearing Registration No. TN43B-0506, by virtue of the order passed by this Court on 16/4/2012, practically, he has obtained a favourable order in his favour, pending disposal of the main Revision Case.

5. As such, technically speaking, nothing remains to be done by this Court in regard to the release of TATA Model SFC 407 Tempo vehicle bearing Registration No. TN43B-0506. However, to keep the records straight and in as much as this Court has ordered the release of the Tempo Vehicle in question to the Petitioner as per interim orders passed in M.P(MD) No. 1 of 2012 on 16/4/2012, this Court to prevent an aberration of justice, legally sets aside the dismissal order passed by the Learned Judicial Magistrate No. II, Nagercoil in Cr.M.P No. 2424 of 2012 dated 26/3/2012 since the same is untenable in law and allows the Criminal Revision Petition. It is made clear that the conditions imposed in M.P(MD) NO. 1 of 2012 for release of the vehicle in question shall hold good during the pendency of enquiry or trial as the case may be.