A.M. Basheer Ahamed, J. - (1.)This Criminal Revision Petition has been filed praying to call for the records in connection with the order passed by the learned Judicial Magistrate No.1, Dindigul in Cr.M.P.No.2823 of 2016 in P.R.C.No.7 of 2017, dated 02.11.2016 and set aside the same and consequently, permit the petitioner to sell his vehicle viz., "Bolero Jeep", bearing Registration No.TN-57-AL-6690 in connection with a case in Crime No.467 of 2015, on the file of the respondent.
(2.)The Revision Petitioner herein is arrayed as A6 in Crime No.467 of 2015, on the file of the respondent, pending as P.R.C.No.7 of 2016, on the file of the learned Judicial Magistrate No.1, Dindigul. The FIR in Crime No.467 of 2015 was registered against the petitioner and others for the offences under Sections 302 IPC., based on the written complaint and charge has also been filed in P.R.C.No. 7 of 2016, for the offences under Sections 120(B), 147, 148, 341, 302 r/w 149 and 212 of IPC., against seven accused, including the revision petitioner herein. The vehicle viz., "Bolero Jeep" (White Colour), bearing Registration No.TN-57-AL-6690, which was involved in the offence of murder case, was seized and produced before the learned Judicial Magistrate No.1, Dindigul in P.R.C.No.42 of 2015 on 14.05.2015. The Revision Petitioner has filed a petition in Cr.M.P.No.3256 of 2016, under Section 451 of Cr.P.C., claiming ownership upon the above said seized vehicle and for return of the vehicle, as interim custody, during the pendency of P.R.C.No.7 of 2016, on the file of the learned Judicial Magistrate No.1, Dindigul and the same was ordered for interim custody in favour of the revision petitioner with a condition that to produce the original R.C.Book and also with an undertaking that not to sell the vehicle in question. Pursuant to the order of the said Court, the Revision petitioner got back the vehicle to his custody.
(3.)The Revision Petitioner filed a petition under Section 451 of Cr.P.C., in Crl.M.P.No.2823 of 2016, seeking permission to sell his vehicle viz., "Bolero Jeep", (white colour) bearing Registration No.TN-57-AL-6690 and also to get back the original R.C.Book of the said vehicle. Having heard the petitioner and the respondent, the learned Judicial Magistrate No.1, Dindigul, vide its order, dated 02.11.2016, dismissed the petition. Aggrieved by the said order of dismissal, the present Revision is preferred before this Court, for the aforesaid relief. The respondent filed a written objection in this petition.