Srikrishnan v. The Inspector of Police

ORDER The present Criminal Revision Case is filed challenging the order dated

31.03.2022 in Crl.M.P.No.2585 of 2022 by the Judicial Magistrate No.1, Nagercoil, whereby, petition for return of vehicle bearing Reg. No.TN 61 9603 was rejected on finding that the engine number and chassis number were found to have been tampered. Relevant portion of impugned order is extracted hereunder: "3) While so, the respondent police also had filed form 95 before this court in RP No.20/2022. When the property covered under the said form 95 is carefully considered, "TN 61 9603 vd;w ek;gH gyif> = Iag;gd; N[hjp vd;w ngaH gyif itf;fg;gl;L Engine number, Chassis number topf;fg;gl;L mjd; fPo; Gjpjhf ek;gH nghhpf;fg;gl;L lhu]; yhhp (jw;NghJ cs;s Engine No.SAH633403, Chassis No.MB1CMDWC8AHSB2372) "Hence, on a careful perusal of the same, it is seen that, the engine and chassis numbers of the said vehicle has been tampered with and the present numbers have been over written on it" 4) It is the specific complaint of the defacto complainant, that his vehicle has been stolen and engine and chassis numbers have been tampered. Hence, at this juncture, it is seen that, there is a specific allegation as to tamper of engine and chassis numbers and it is also evident from form 95, and hence, it cannot be said that, the petitioner is the real owner of the vehicle, now covered under said Form 95. Hence, in the interest of justice, this petition is to be dismissed."

¶2Before proceeding further, it may be relevant to note that petitioner had purchased vehicle bearing Reg.No.TN 61 9603 sometime in the year 2012 with the engine and chassis number as under: ''Engine No: SAH633403 Chassis No: MB1CMDWC8AHSB2372'' The second respondent claims to be the owner of vehicle bearing Registration No.TN 75 K 8418, which is stated to have been stolen sometime in the year 2018.

¶3It is submitted by learned counsel for petitioner that there have been differences between petitioner and police authorities in his Village, which led to the seizure of his vehicle.

¶4Per contra, learned Government Advocate (Crl. Side) appearing for respondent would submit that the Trial Court had found as a matter of fact that the engine number and chassis number have been tampered with. He would also place reliance upon the report of the Motor Vehicles Inspector, Regional Transport Office, Nagercoil, which would again indicate tampering of the engine and chassis, as could be seen from the following extract: "ghHitapy; fz;l ,uh[hf;fkq;fyk; fhty; epiya fhty; Ma;thsH mtHfspd; fbjj;jpy; njhptpj;Js;sgb TN61-9603 gjpntz;

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ruf;F thfdj;ij ,uh[hf;fkq;fyk; fhty; epiyaj;jpy; nrd;W

20.01.2022 md;W gpw;gfy; Ma;T nra;jjpy; nghwpvz;: TN61-9603 thfdj;jpy; gjpTr;rhd;wpd;gb cs;s mbr;rl;l vz;: MB1CMDWC8AHSB2372 ,Ue;jJ. ,ij Ma;T nra;j NghJ mbr;rl;lk; kw;Wk; ,d;[Pd; gpshf;fpy; rl;lj;jpw;Fg; Gwk;ghf vz;fs; topf;fg;gl;L mjd;kPJ TN61-9603 thfdj;jpd; gjpTr;rhd;wpy; cs;s mbr;rl;l kw;Wk; nghwp vz; nghwpf;fg;gl;bUe;jJ."

¶5In that view of the matter, since the ownership of the vehicle is under doubt, this Court cannot find fault with the order of the Trial Court. It is also submitted that an FIR has been lodged at the instance of the second respondent in Crime No.181 of 2018, which culminated in C.C.No.453 of 2023 on the file of Judicial Magistrate No.1, Nagercoil at Kanyakumari. In view thereof, the Judicial Magistrate No.1, Nagercoil shall dispose of the said case in C.C.No. 453 of 2023 within a period of six months from the date of receipt of a copy of this order. All rights and contentions of the petitioner's right / interest and access over the vehicle will depend on the outcome of the trial in C.C.No.453 of 2023.

¶6With the above observations, this Criminal Revision Case is disposed of.

11.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To

1.The Judicial Magistrate No.1, Nagercoil at Kanyakumari.

2.The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court. MOHAMMED SHAFFIQ

, J.

Lm

11.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Srikrishnan ... Petitioner Vs. 1.The State through, The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District. (Crime No.118 of 2018) 2.C.Ravindran ... Respondents (R-2 is impleaded vide order of this Court dated 28.07.2022 in Crl.R.C.(MD).No.573 of 2022) Prayer : Criminal Revision Petition filed under Section 397 read with 401 of Criminal Procedure Code, to call for the records and set aside the order dated 31.03.2022 made in Crl.M.P.No.2585 of 2022 on the file of the learned Judicial Magistrate No.1, Nagercoil at Kanyakumari and allow the above Criminal Revision Petition. For Petitioner : Mr.B.Michael Sebastin For R-1 : Mr.M.Karunanithi Government Advocate (Crl. Side) For R-2 : Mr.C.Cenil