SAMPATHRAJ JAIN FINANCE Vs. STATE Ï¿½

JUDGEMENT

(1.) THE Criminal Revision is filed by 3rd party petitioner against the order dated 16.02.2006 made in C.M.P.No.695 of 2006 in Crime No.72 of 2005 on the file of Judicial Magistrate No.I, Poonamallee thereby dismissing the petition filed under Section 451 of the Code of Criminal Procedure for the interim custody of the vehicle in question.

(2.) THE facts that the vehicle in question was purchased by one Beryl Samuel, w/o Samuel Logam and the Registration Certificate was transferred in her name with effect from 30.03.2004 and thereafter she obtained financial assistance from the petitioner herein on 18.05.2004 and while the hire purchase agreement with the petitioner herein is in force, Beryl Samuel, who is the holder of the Registration Certificate of the vehicle in question is implicated as one of the accused in Crime Number No.72 of 2005 filed for the offence punishable under Section 420 IPC and the vehicle in question is seized by the Investigating Officer as if the same is allegedly invovled in the commission of the offence, are not denied.

(3.) THE short question that arises for consideration herein is as to whether interim custody of the vehicle seized in the ciminal case could be handed over to the financier who is third party to the criminal proceedings and who claims his right under independent hire purchase agreement which the criminal court could take cognizance of and enforce.