S.BALAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the owner of the vehicle viz., Hero Honda Splendor Plus bearing Registration Number TN 33 AQ 1235, Chasis Number MBLHA10EJ9HL24659 and Engine Number HA10EA9HL75778, has filed a petition for return of property under Section 451 Cr.P.C., in C.M.P.No.824 of 2020 in S.C.No.16 of 2020, before the learned Principal District and Sessions Judge, Namakkal. The learned Principal District and Sessions Judge, Namakkal, by order dated 28.08.2020, dismissed the petition, against which the petitioner before this Court.

(2.) The learned counsel for the petitioner submitted that the petitioner is the owner of the said vehicle and working in Erode Reliance Mall as lift mechanic four months prior to 09.02.2019. He was fell down from the vehicle and his left leg got fractured and was taking treatment. The petitioner used to park his vehicle in front of his house. On 09.02.2019, at about 11.00 p.m., the petitioner saw the vehicle parked in front of his house and went to sleep. On the next day i.e., on 10.02.2019, about 07.00 a.m., when he came out of his house, the vehicle was not there. The petitioner made enquiries and searched along with his brother in several places, but unable to trace his vehicle. Hence, on 14.02.2019, the petitioner lodged a complaint to the Sub Inspector of Police, Malayampalayam Police Station, Erode, who registered a case in Crime No.30 of 2019, for offence under Section 379 IPC.

(3.) It is further submitted that the petitioner was informed that his vehicle was seized by the respondent Police in Crime No.24 of 2019, for offence under Section 302 and 380 IPC. On conclusion of investigation in Crime No.24 of 2019, charge sheet came to be filed against four accused persons before the learned Principal District and Sessions Judge, Namakkal and the same was taken on file as S.C.No.16 of 2020, in which the petitioner is a listed witness No.18