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2018 DIGILAW 1184 (KAR)

V JAYAKUMAR S/O P VENKATACHALAM v. ASSISTANT REGIONAL TRANSPORT OFFICER ELECTRONIC CITY BENGALURU

2018-12-11

KRISHNA S.DIXIT

body2018
ORDER : The grievance of the petitioner is against the communication dated 27.09.2018 at Annexure-A whereby the respondent-RTO official has blocked out in the official computer, all the entries in the registers concerning petitioner’s vehicle bearing Registration No. KA-03-MS-3111 (LMV), purportedly on the instructions of the first respondent police official. 2. After service of notice, the official respondents have entered appearance through the learned Additional Advocate General, who opposes the writ petition on the ground that the vendor of the petitioner namely, Smt. Disha Chowdry being the erstwhile owner of the vehicle in question is involved in several criminal cases of fraud and fabrication to the tune of Rs.375 Crore and that the COD Police are investigating into the matter and therefore, the impugned communication cannot be faltered. 3. He further submits that the impugned communication is just a compliance of the Notice dated 05.07.2018 issued by the first respondent – Police under Section 91 of Code of Criminal Procedure, 1973, (A copy whereof is now placed on record by the Additional Advocate General, Shri Sandesh T Chouta). The same reads as under: “xxxxxxxxxxxxxxxxxxxxxx” (Emphasis supplied) 4. I have heard the learned counsel for the petitioner and the learned Additional Advocate General for the respondents. I have perused the writ petition papers. 5. The contention of the petitioner that under the provisions of 91 of Cr.P.C. the first respondent – Police could not have issued the instruction to the second respondent – RTO official to restrain alienation of the vehicle in question that too, after the petitioner had bought it from its lawful owner who is allegedly involved in the offence of fraud and fabrication has legal force. Section 91 (1) reads as under: “Section 91. Section 91 (1) reads as under: “Section 91. Summons to produce document or other thing: (1) Whenever any Court or any officer in chare of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.” Going by the text of this provision, what one can infer is that the Court or the jurisdictional police can seek “production of any document or other thing” for the purpose of any investigation, enquiry or trial or other proceeding under the Code. The text and context of this Section does not lend credence to the argument that the police have power to restrain sale or alienation of the vehicle; the only power that this Section concedes to the police is to ask for its production if in the considered opinion of the Court or the police it is necessary for the purpose of any investigation, inquiry, trial or other proceeding under this Code. Such production should in the opinion of the Court or the police be genuinely necessary; otherwise the requirement for production may run the risk of invalidation on the grounds of abuse of the power or the casual approach of the authority or the like. 6. In the above circumstance, this writ petition succeeds; A writ of Certiorari issues quashing the aforementioned Police Notice bearing No.5 Crime EOD/CID 2017 dated 05.07.2018 to the extent it restrains sale or alienation of petitioner’s vehicle bearing No. KA03MS3111 Audi Car and also the impugned communication dated 27.09.2018 sent by the second respondent to the first respondent at Annexure-A; a Writ of Mandamus issues to the 2nd respondent-R.T.O. official to remove the block out concerning the records relating to petitioner’s vehicle in the official computer system. It is needless to state that this order shall not come in the way of the jurisdictional police proceeding with the investigation in question and also seeking production of the subject vehicle, if genuinely required for such investigation.