MANIKANDAN Vs. INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION

JUDGEMENT

(1.) Challenging the order dismissing the petitioner's application filed under Section 451 Cr.P.C seeking return of the vehicle, the present revision has been filed.

(2.) According to the petitioner, he is a registered owner of the lorry 770 Model Bockhoe loader bearing Reg.No.TN76 AX 2620, with Chassis No.NKJ00770KGH17630 and Engine No.4H32031620452. The above lorry has been hypothecated to Sri Equipment Finance Limited/2nd respondent herein.

(3.) Alleging that the petitioner has committed default in payment of dues, the second respondent has seized the vehicle and placed the vehicle in a private yard. Thereafter, the petitioner has entered into the yard and removed the vehicle on the ground that the vehicle has been illegally removed by the second respondent. Hence, the owner of the Vehicle Yard has filed a complaint against the petitioner and based on the complaint, the respondent police registered a case in Cr.No.135/2017 under Sections 147, 448, 379 and 506 (ii) of I.P.C. Thereafter, the petitioner filed a petition, seeking return of vehicle claiming to be the registered owner of the vehicle, wherein, the second respondent herein/Financier in whose favour, the vehicle has been hypothecated, also seeks interim custody of the vehicle by filing a petition in Cr.M.P.No.1918 of 2017. But, the Court below dismissed the petition holding that there are rival claims over right of the vehicle and investigation is also in preliminary stage and the issue cannot be decided at this stage. Now, challenging the said order, this revision has been filed.