(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. questioning the order, dated 01.10.2020, passed in Crl.M.P.No.305 of 2020 in Crime No.172 of 2020 on the file of the Judicial Magistrate of First Class at Husnabad.
(2.) The facts in issue are that the petitioner is the owner of the Mahindra Bolero vehicle bearing No.TS 36 T 6561 and the said vehicle was seized in Crime No.172 of 2020 of Husnabad Police Station, which was registered for the offence punishable under Section 379 I.P.C., and the same is deposited before the Court. During the pendency of investigation, the petitioner, claiming to be the owner of the said vehicle, filed Crl.M.P.No.172 of 2020 before the Judicial Magistrate of First Class at Husnabad, seeking interim custody of the vehicle. By an order, dated 01.10.2020, the learned Judge dismissed the application. Challenging the same the present revision is filed.
(3.) Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if it is kept exposed to vagaries of nature at the premises of Police Station and hence seeks interim custody of the vehicle.