MOHD. ISLAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. on behalf of the petitioner seeking setting aside of the order dtd. 16/8/2021 passed by the learned ACMM, South-East District, Saket Courts, New Delhi in e-FIR No. 4382/2021, whereby the petitioner's application seeking release of Toyota Fortuner Car bearing Registration No: UK-07-DM-0786 was dismissed. The petitioner has also sought release of the aforesaid vehicle.

(2.) Mr. Akhand Pratap Singh, learned counsel for the petitioner submits that at the behest of the petitioner, a complaint was lodged on 15/2/2021 under Sec. 379 IPC at e-P.S. New Friends Colony, Delhi regarding theft of his Toyota Fortuner Car bearing Registration No: UK-07-DM-0786. It is submitted that the said vehicle was stolen in front of Bansal Hospital, New Friends Colony, New Delhi. Learned counsel for the petitioner submits that subsequent thereto, during investigation the aforesaid vehicle was recovered from Visakhapatnam, Andhra Pradesh on 25/5/2021. Learned counsel has also placed reliance on the RC of the car to show that the petitioner is the registered owner of the recovered car.

(3.) Learned counsel for thepetitioner further submits that the engine and chasis numbers of the aforementioned vehicle were found to be tampered however other parts including battery and tyres were unchanged. He submits that till date, the vehicle is stationed in the service centre of M/s Galaxy Toyota, Delhi and is lying unused. He further submits that if the vehicle continues to remain unused, the same would result in its complete deterioration. It is also submitted that till date, no third party has claimed ownership rights over the aforesaid vehicle.