DAKSHAYANI Vs. P DHINESH KUMAR CHORDIA

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Judicial Magistrate, Gingee, in Crl. M. P. No. 2358 of 1993, dated

(2.) 7. 1993, which was filed under Section 451 of the Code of Criminal Procedure by the first respondent herein, praying for the interim custody of the Bus bearing Registration Mark TDJ 4235. 2. The brief facts, which led to this revision, as culled out from the impugned order and the Court records, are stated as follows: The Petitioners are the mother and son having the registration Certificate, insurance and the route permit in the name of the first petitioner for the Transport Bus bearing Registration Mark TDJ 4235 and accordingly both the petitioners having resided at Madras, running the said bus from Panruti to Melmalayanoor and collecting the feres in accordance with the relevant provisions of the Motor Vehicles Act and the permit issued by the authorities concerned. The said bus was said to have been subjected to a hire purchase agreement for the monetary loan advanced to the petitioners by the father of the first respondent herein and that the said hire purchase was duly entered in the R. C. book. But, however the said documents were found available with the petitioners herein and accordingly they have been complying with the conditions of the hire purchase agreement and that during the said process it is stated that there was certain irregular default due to which some amount became payable to the father of the first respondent. The first respondent herein is the son of the said hire purchase owner. In this background, upon a complaint given by the first respondent herein, registered by the Sub Inspector of Police, Valathy Police Station (2nd respondent herein) in Crime No. 164 of 1993 for the offence under Sec. 379, I. P. C. , against the petitioners for having allegedly committed the offence of theft by taking the bus from the custody of the first respondent herein, and during the course of investigation, the Sub inspector of Police, seized the said bus from the custody of the petitioners herein and handed over to the Court, and the Court in turn by passing the impugned order in Crl. M. P. No. 2358 of 1993, dated 2. 7. 1993, directed that the interim custody of the said bus was to be handed over to the first respondent herein and not the petitioners. Aggreived at this, the present revision has been directed by the petitioners by invoking Sec. 482, Crl. P. C, as well as sec. 401, Crl. P. C

(3.) COMING to the factual aspects of the case, it is worthwhile to note the very contents made in the written complaint lodged by the first respondent in this case, wherein it is alleged at the midnight of 9. 6. 1993 the bus being plied between Panruti and Melmalayanoor, TDJ 4235 was taken by some unidentifiable persons along with the first petitioner and the driver and the conductor of the said bus were being chased to a considerable distance and ultimately forced to get down and this fact was intimated by his Manager one Basha Reddiar on 10. 6. 1993 itself. Thus, from the very contents above referred it is seen that while the bus running in the route, it is alleged that the first petitioner along with some unidentifiable persons, took the same by force, which was on the night of 9. 6. 1993, but however the said fact was reported to the first respondent on 10. 6. 1993. But it is significant to note the written complaint with regard to the abovesaid effect was given only on 17. 6. 1993 at about 9 a. m. , in Valathy Police Station'which has been registered as Crime No. 164 of 1993 for the offence under Sec. 379, I. P. C. Thus, it is very clear after a week almost from the alleged occurrence a complaint was thought of to be given before the Law and Order Enforcing Authority and consequently the case was registered and that during the said sojourn thus bus in question was recovered from the custody of the petitioners. At this stage, I would make myself clear that I do not want to express any of my opinion with regard to the merits of the case, which would in my view, affect the trial in either way.