The petitioner herein is aggrieved by the dismissal of his application filed as C.M.P 3363/14 under Section 457 Cr.P.C, by the Judicial First Class Magistrate Court – I, Attingal. The said vehicle was seized by the police in crime Number 532 /14, registered under Section 324, 427, 307 and 212 IPC and also under Section 27 of the Arms Act. The vehicle was found in an abandoned condition by the police, and later the police realized that the accused involved in the crime escaped from the scene of offence in the said vehicle. Any way, claiming right to possess the said vehicle, the petitioner filed application for interim custody, but the request was turned down on the ground that release of vehicle at the initial stage will adversely affect the proper and effective investigation. 2. On hearing both sides, I find that the petitioner does not have any material with him to show his right to possess the vehicle. The impugned order shows that the registered owner of the vehicle is the fourth accused, but he has not come forward to claim custody of the vehicle. The main ground on which the trial court rejected the request is that investigation is at the preliminary stage, and that release of vehicle
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at the preliminary stage will affect the investigation. I find that the petitioner can again approach the trial court at a later stage with proper document showing his right to possess the vehicle. Of course, any person having the right to possess the vehicle can claim interim custody under Section 451 Cr.P.C or under Section 457 Cr.P.C. Just because he is not the registered owner, the claim cannot be turned down by the court when the applicant has necessary materials with him to prove his right to possess the vehicle, and to claim interim custody pending the proceedings. It is not known whether the petitioner has any such document with him. In the result, this Crl.M.C is closed, with observation that the petitioner can approach the trial court again at a later stage with necessary document or materials to substantiate his claim of right to posses the vehicle.
P.UBAID, JUDGE sab