In the meantime, the appellant herein has filed the revision before the High Court pointing out that there is a dispute regarding the ownership of the said vehicle which was dismissed by the High Court on 3rd September, 2018.
In companypliance of the said order, the appellant has deposited an amount of Rs.5,00,000/ Rupees Five Lakhs Mr. V. Balaji, learned companynsel appearing for the first respondent, has submitted that after the impugned order of the High Court i.e. 3rd September, 2018, Judicial Magistrate, Karikudi, has passed order dated 17th September, 2018 to hand over the said vehicle to the first respondent companyy of which has been filed today before us.
Initially the appellant has filed an application seeking Signature Not Verified custody of the said vehicle and later on the first respondent Digitally signed by MAHABIR SINGH Date 2019.02.01 112026 IST Reason has also filed the application seeking interim custody of the said vehicle in her capacity as widow of the registered owner of the vehicle, namely, Nachiappan.
It is stated that after dismissal of the revision on 17 th September, 2018 the Judicial Magistrate, Karaikudi, has passed an order to hand over the said vehicle to the first respondent.
The appellant who is brother in law of the deceased Nachiappan being aggrieved by the order passed by the High Court of Madras at Madurai Bench in Crl.
On 11 th July, 2018 the Judicial Magistrate, Karaikudi, passed an order by which the said vehicle was recovered from the appellant and kept in custody of the Court till the disposal of the criminal case.
Nachiappan was murdered on 27th September, 2017 regarding which a case, Cr.
Subsequently, the first respondent withdrew her companysent and filed an application seeking custody of the said vehicle for herself which application came to be allowed.
When the special leave petition came up for hearing on 26 th November, 2018, this Court has issued numberice and also directed the appellant to deposit Rs.5,00,000/ Rupees Five Lakhs before the Judicial Magistrate, Karaikudi.
Nachiappan was operating a vehicle 407 Max Cab four wheeler bearing the registration No.
M.P. MD No.6978 of 2018 has preferred these appeals.
No.202/17 of Kundrakudi P.S. was registered under Sections 302, 364 and 379 I.P.C. The said vehicle was seized as the case property.
TN 59 BJ 9491.
Leave granted.
R.C. MD No.508 of 2018 and Crl.
Before the Judicial Magistrate, Karaikudi, on 7th November, 2017 the first respondent has given No Objection for handing over the said vehicle to the appellant herein who is brother of the deceased Nachiappan and accordingly custody of the said vehicle was handed over to the appellant.
The first respondent Eswari is numbere other than the wife of the deceased Nachiappan.
