P.K. AMARNATH Vs. STATE

JUDGEMENT

(1.) This Revision has been filed praying to set aside the order passed by the learned Judicial Magistrate No.VI, Madurai in Crl.M.P.SR.No.3110 of 2016 in S.C.No.248 of 2010, dated 18.03.2016 and return the original Registration Certificate Book of TATA Sumo Car, bearing Registration No.TN-59-P-8856, to the petitioner.

(2.) A case has been registered in Crime No.62 of 2007 against the petitioner and other accused persons, for the offences punishable under Sections 120(b), 363, 347, 386, 395 r/w 397 and 506(i) IPC., by the respondent Police. As per the final report, one Qualis Car, belonging to the first accused in this case, bearing Registration No. TN-59-V-1000, another vehicle belonging to the defacto complainant, bearing Registration No.TN-33-AD-5511 and also the vehicle bearing Registration No.TN-59-P-8856 were said to be used by the accused for the commission of the offence. It is further stated that the defacto complainant was said do to be kidnapped in TN-59-V-1000 and the driver of the defacto complainant was driven the vehicle, bearing Registration No.TN-33-AD-5511 in the occurrence and also the vehicle bearing Registration No.TN-59-P-8856 was used for the commission of the offence of kidnapping by A9 and A10 in this case.

(3.) During investigation, the TATA Sumo Car, bearing Registration No.TN-59-P-8856, was seized and produced before the learned Judicial Magistrate No.VI, Madurai, who remanded the said vehicle in RPR No.297 of 2007, dated 010.2007. The said vehicle was also given interim custody to the petitioner, as per the order of the learned Judicial Magistrate No.VI, Madurai and further directed the petitioner to surrender the original R.C.Book before the concerned Judicial Magistrate. The learned Judicial Magistrate No.VI, Madurai, has taken the case on file as P.R.C.No.20 of 2010 and during pendency of that case, the accused Sunderesan and Seduraman were reported dead against whom the Death Certificates were not filed by the prosecution. Hence, the case against them was split up as P.R.C.No.22 of 2010 and is pending before the learned Judicial Magistrate No.VI, Madurai and thereafter, P.R.C.No.20 of 2010 pending against the petitioner and the remaining accused was committed to the learned Principal Sessions Court, Madurai and was taken on file as S.C.No.248 of 2010 and made over to the VI Additional Sessions Court, Madurai, for further proceedings.