V. SENTHIL Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the petitioner, to call for the records, relating to the order in Crl. M.P. No. 4181 of 2019, dated 25.07.2019 made in C.C. No. 4 of 2016 by the Learned Judicial Magistrate Perambalur District, dismissing the petition for return of RC Book and to set aside the same, by allowing this Criminal Revision Petition.

(2.) The facts of the case, in a nutshell are that the petitioner herein is the Manager of SPK Transport, Export and Import Pvt. Ltd. having its registered office, at Thambu Chetty Street, Parrys Corner, Chennai and that on 20.09.2015, a trailer lorry, bearing Registration No. TN-04-AH- 5297, belonging to the sister concern of the petitioner was stolen by unknown accused and the driver has informed the same to the company. The petitioner being the Manager of the Company, immediately rushed to the spot and after he enquired the driver, had lodged a complaint to the respondent police. Based on the said complaint, on the same day, the respondent had registered a case in Crime No. 496 of 2015 under Section 379 of IPC. During the course of investigation, the said lorry was recovered on the same day. Thereafter, a petition was filed by the petitioner under Section 451 of Cr.P.C. for return of lorry. Interim custody of the lorry in question was granted to the petitioner during the month of October 2018. However, the RC Book was retained by the Trial Court. Since the RC Book was required for other formalities a petition in Crl. M.P. No. 4181 of 2019 had been filed by the petitioner before the Trial Court, seeking the relief to return the RC Book, which is in favour of the petitioner. The Trial Court had dismissed the said petition by the impugned order dated 31.08.2019. Hence, the present petition has been filed.

(3.) This Court heard the learned counsel on either side.