DIVAKARAN Vs. ABDUL KALAM

JUDGEMENT

(1.) Crl.M.C.No. 5410 of 1998 is filed by the petitioner in C.M.P. No. 4788/98 on the file of the Judicial First Class Magistrate's Court - I, Thamarassery in Crime No. 266/98 registered by Thamarassery Police challenging the order dated 15-10-1998 passed by the Judicial First Class Magistrate's Court - I, Thamarassery dismissing his application for interim custody of the vehicle involved in the case and granting custody of the vehicle to the accused in the case as per order in C.M.P. No. 4448/98.

(2.) Crl.M.C. No. 6427/1998 is filed by the accused in the same crime to quash the entire proceedings against him under S.482 of the Code of Criminal Procedure.

(3.) The Thamarassery Police registered Crime No. 266/98 against the accused/petitioner in M.C.No. 6427/98 under S.102 of the CrPC, and seized a Tata Sumo vehicle bearing Registration No. KL11-F-9455 and produced the same before the Judicial First Class Magistrate's Court, Thamarassery. The accused filed Crl.M.P. No. 4448/98 and the petitioner in Crl.M.C. No. 5410/98 filed Crl.M.P. No. 4788/98 for custody of the vehicle. The learned Magistrate by common order dated 10-10-1998 released the vehicle to the petitioner in Crl.M.P. No. 4448/98 on certain conditions stating that he is the registered owner of the vehicle from whom the vehicle was seized and repelled, the contention of the petitioner herein that he being the manager of the finance company is entitled to custody of the vehicle as the owner of the same by virtue of the hire purchase agreement entered into between the accused and the finance company.