B LALITHCHAND NAHAR Vs. STATE

JUDGEMENT

(1.) This petition coming on for hearing on 26-7-90 upon perusing the petition and upon hearing the arguments of Mr. K. A. Panchapagesan, Advocate for the petitioner and of Mr. A. S. Chakravarthy, Government Advocate (Criminal Side) of behalf of the State (1st Respondent) and of Mr. T. Munirathina Naidu, Advocate for the 2nd respondent and having been posted this day for orders, the Court made the following order : - One P. Thiagarajan purchased a Maruthi Car bearing registration on No. TSF 203 on hire purchase agreement with one M/s. Bhawar Kaver, No.51, G. N. Chetty Road, T. Nagar, Madras-17. He was using the car and paying the monthly instalments regularly. It so he phoned that his brother by name Govardhan, in collusion with some of his associates unwarranted elements, fraudulently sold the vehicle to one Jani of Kerala. Consequently, the hirer Thiagarajan gave a complaint to the Central Crime Branch Police, which was registered in Crime No. 779/88. During the course of investigation, the police seized the vehicle and produced the same before the Additional Chief Metropolitan Magistrate, Egmore, Madras. The hirer filed Crl. M.P. No. 644 of 1988 and prayed for interim custody of the vehicle, pending disposal of the case. After the issuance of the notice to the financier, was in turn endorsed 'no objection' for the return of the seized vehicle to the hirer, learned Magistrate ordered for the interim custody of the vehicle with the hirer.

(2.) While so, the hirer on 20-12-1989 parked the vehicle at Singanna Chetty Street, Chintadripet, Madras at 5 p.m. on some business errand. He was keeping in the dash board of the car about Rs. 45,000/ - borrowed from his grandmother for the purchase of a house site. While he was about to resume the driver's seat to take the car from there, the financier with a group of persons forcibly took possession of the car along with the money kept in the dash board. Despite persuasion by the hirer, the financier neither agreed to return the custody of the vehicle; nor allowed to hirer to take from the dash board the money kept therein. Left with no other alternative, the hirer lodged a complaint before the Inspector of Police, Central Crime Branch, Egmore, Madras-B on 21-12-1989 at 6-30 p.m. which was registered in Crime No. 1481/89 u/S.392, IPC.

(3.) The police in turn seized the vehicle from the financier and produced the same before Court. The hirer filed Crl. M.P. No. 1238 of 1989 before Court for interim custody of the seized vehicle to him. Likewise, the financier through his accredited representative Lalithchand Nahar filed Crl. M.P. No. 1253 of 1989 for interim custody of the vehicle. The Court ordered interim custody of the vehicle to the hirer negativing the claims of the financier and thus allowed Crl. M.P. No.1238 of 1989 and dismissed Crl. M.P. No.1253 of 1989. The aggrieved financier filed the present petition invoking the extraordinary jurisdiction of this Court to set aside the order of learned Magistrate in ordering the interim custody of the vehicle to the hirer.