JUDGMENT (Prayer in Crl.R.C.No.626 of 2022: Criminal Revision Case has been filed under Sections 397 & 401 of Code of Criminal Procedure to set aside the impugned order passed by the Lower Court in Crl.M.P.No.2848 of 2021 dated 04.10.2021 on the file of the learned Judicial Magistrate No.I, Mannargudi and consequently direct the lower court to handover the interim custody of the case property Viz., INNOVA car bearing registration No.TN 49 – BD -3435 to the Revision petitioner. In Crl.R.C.No.746 of 2021: Criminal Revision Case has been filed under Sections 397 & 401 of Code of Criminal Procedure to set aside the impugned order passed by the lower Court in Crl.M.P.No.3203 of 2021 dated 04.10.2021 on the file of the learned Judicial Magistrate Court, Mannargudi and consequently, direct the lower court to handover the interim custody of the case property, viz., Innova Car bearing Regn. No.TN 49 – BD- 3435 to the petitioner pertaining to Crime No.455 of 2021 on the file of the 2nd respondent.) Common Order: 1. Both the criminal revision cases are arising from the common order dated 04.10.2021 passed in Crl.M.P.Nos.2848 of 2021 and 3203 of 2021 on the file of the Judicial Magistrate No.1, Mannargudi. 2. For the sake of convenience the parties are referred to as per their names. 3. The fact of the case is that Rupavathi/2nd respondent in Crl.R.C.No.626 of 2022 is the petitioner in Crl.R.C.No.746 of 2021 in Crl.M.P.No.3203 of 2021 and complainant in Crime No.455 of 2021. Muthukumar/petitioner in Crl.R.C.No.626 of 2022 in Crl.M.P.No.2848 of 2022 and accused in Crime No.455 of 2021, is the first respondent in Crl.R.C.No.746 of 2021. Rupavathi gave a complaint to the respondent police against Muthukumar S/o. Sivaramakrishnan, Thanjavur and others and in pursuance of the complaint, the respondent police registered a case in Crime No.455 of 2021 for the offences punishable under Sections 448, 379, 380 IPC on 26.07.2021. The allegations in the complaint is, Rupavathi''s husband Chakrapani Swamigal died on 13.05.2021. The accused Muthukumar S/o.Sivaramakrishnan resident of Thanjavur came to Rupavathi''s house and had taken the Innova Car bearing registration No.TN – 49 -BD – 3435 stands in the name of her husband Chakrapani Swamigal besides Muthukumar had taken 3 sovereigns of gold chain and one sovereign of her husband''s Gold ring. Further, he had also broken the temple maintained by her and took the Pooja articles. Further, he had also broken the temple maintained by her and took the Pooja articles. During investigation, the respondent police seized the Innova Car bearing registration No.TN – 49 – BD - 3435 from Muthukumar S/o.Sivaramakrishnan and produced before the trial Court and it was received by the trial Court in C.P.No.82 of 2021. 4. Both Rupavathi and Muthukumar have filed the applications in Crl.M.P.Nos.3203 of 2021 and 2848 of 2022 respectfully seeking Interim custody of Innova Car bearing registration No.TN – 49 – BD – 3435. The trial Court, after considering the argument adduced by both the parties, dismissed both the petitions on the ground that the case is under investigation and the ownership cannot be decided at this stage. Hence, the impugned order is under challenge herein. 5. The learned counsel for Muthukumar/petitioner in Crl.R.C.No.626 of 2022 submitted that one Manokaran is the owner of Innova Car bearing registration No.TN - 49 - BD - 3435. Muthukumar is a power agent of Manokaran and power of Attorney was registered before the Joint-1 Sub Registrar Office, Thanjavur. Manokaran is residing in Singapore, he has Dual Citizenship. He is the owner of the Nanjai and Punja Lands of Survey No.611/3, 611/1A, 611/1B2 and 604/2B4 located in Edamelaiyur – 1, Revenue Village, Needamangalam Taluk, Thiruvarur District. 6. Further the learned counsel submitted that Rupavathi and others harvested and stole the paddy cultivated in the above mentioned lands owned by Manokaran. Subsequently, when the said act of Rupavathi went to the Knowledge of Manokaran, he immediately made an online complaint to the respondent police on 26.05.2021. The respondent police registered the complaint on 27.05.2021. But the respondent police never take necessary action against Rupavathi and others. Subsequently, a second complaint forwarded to the Deputy Superintendent of the police, Mannagrudi through E.mail. After lapse of two months, the respondent police registered the FIR against Rupavathi and 5 others namely Navamani, Parameswari, Somasundaram, Arun and IR8 @ Annathurai in Crime No.454 of 2021 dated 26.07.2021 under Sections 147, 447, 448, 379 & 380 IPC. Immediately, Rupavathi made a counter complaint against Muthukumar, who is the power agent of the said Manokaran, and after receiving the complaint, the respondent police registered a case in Crime No.455 of 2021 dated 26.07.2021. The averments made in Crime No.455 of 2021 are totally false. Immediately, Rupavathi made a counter complaint against Muthukumar, who is the power agent of the said Manokaran, and after receiving the complaint, the respondent police registered a case in Crime No.455 of 2021 dated 26.07.2021. The averments made in Crime No.455 of 2021 are totally false. In respect of stolen paddy, which was in the custody of Court in C.P.No.83 of 2021, Muthukumar filed a petition in C.M.P.No.3892 of 2021, on that petition, the trial Court ordered to hand over the stolen paddy to Muthukumar on executing a bond for a sum of Rs.1,80,000/- and allowed the petition. 7. To support his arguments, he filed the General power of attorney executed by Manokaran and the insurance copy of the Innova Car bearing registration No.TN – 49 - BD - 3435. Therefore, the Innova Car is in the custody of Muthukumar. Rupavathi by giving a false complaint in Crime No.455 of 2021 dated 26.07.2021 and by using the police force forcibly had taken the Innova Car from Muthukumar''s Custody. Therefore, Muthukumar is entitled to interim custody of Innova Car till the disposal of the case and thus, pleaded to set aside the interim order passed by the trial Court and grant interim custody of Innova Car. 8. The learned counsel for Rupavathi/petitioner in Crl.R.C.No.746 of 2021 submitted that the petitioner Rupavathi is the wife of Chakrapani Swamigal, who died on 13.05.2021. After his death, Muthukumar came to her house along with his men and forcibly had taken the Innova Car bearing registration No.TN-49 – BD – 3435 from her custody and also snatched three sovereigns of Gold chain and one sovereign of Gold ring and also broken the lock of the temple maintained by her and had taken the Pooja Articles and also locked the Door with another lock. Therefore, she gave a complaint to the respondent police and the respondent police registered a case in Crime No.455 of 2021 for the offences under Sections 448, 379 & 380 IPC on 26.07.2021. During investigation, the respondent police seized the vehicle from Muthukumar. Hence, Rupavathi filed a petition before the Court in Crl.M.P.No.3203 of 2021 seeking interim custody but the trial Court without considering the fact dismissed the petition. Hence, challenging the impugned order, the present criminal revision case is filed seeking interim custody of the vehicle. 9. During investigation, the respondent police seized the vehicle from Muthukumar. Hence, Rupavathi filed a petition before the Court in Crl.M.P.No.3203 of 2021 seeking interim custody but the trial Court without considering the fact dismissed the petition. Hence, challenging the impugned order, the present criminal revision case is filed seeking interim custody of the vehicle. 9. The learned Govt.Advocate (Crl.side) for the respondent police in both the criminal revision cases submitted that Muthukumar gave a complaint against Rupavathi and others on 26.05.2021 alleged that he is the power agent of one Manokaran, who is the son of the deceased Chakrapani Swamigal and the said Manokaran is residing at Singapore. Muthukumar, who is the power agent of Manokaran, gave a complaint stating that Rupavathi and others entered into the field and stole the harvested paddy cultivated in the land owned by Manokaran. Therefore, Manokaran gave a complaint to the respondent police by e-mail. Thereafter, the case has been registered by the respondent police against Rupavathi and other persons in Crime No.454 of 2021 dated 26.07.2021 for the offences under Sections 147, 447, 448, 379 & 380 IPC and as against Muthukumar Rupavathi also gave a complaint, which was registered in Crime No.455 of 2021 dated 26.07.2021 in Crime No.455 of 2021. Both the cases are under investigation. So, after investigation alone, the ownership of the Innova Car will be revealed. Therefore, the trial Court rightly dismissed both the petitions and there was no ground to interfere with the impugned order and pleaded to dismiss both the criminal revision cases. 10. I have considered the matter in the light of the submissions made by both the learned counsel for both the criminal revision cases as well as the learned Government Advocate (Crl.side) for the respondent police. 11. On perusal of the records, it is seen that Rupavathi is alleged to be the wife of the deceased Chakrapani Swamigal, who died on 13.05.2021. The relationship of Rupavathi and Chakrapani Swamigal is disputed by Chakrapani''s first wife''s son Manokaran. Further, Muthukumar, who is the power agent of Manokaran, filed a petition and it reveals the fact that Manokaran, his mother Saradha and his sisters gave the general power of attorney to Muthukumar to maintain their lands in India, since Manokaran is residing at Singapore. The insurance copy filed by Muthukumar shows that the vehicle stands in the name of Chakrapani father of Manokaran. The insurance copy filed by Muthukumar shows that the vehicle stands in the name of Chakrapani father of Manokaran. Now, Muthukumar claims interim custody of the Innova Car in the capacity of power agent of Manokaran S/o. Chakrapani and Rupavathi claim interim custody of the Innova Car as the wife of the deceased Chakrapani. It is disputed that Rupavathi is the second wife of the deceased Chakrapani and she is in possession of Innova Car bearing Registration No.TN -49 – BD – 3435. Both Muthukumar and Rupavathi filed the criminal complaints in Crime Nos.454 of 2021 and 455 of 2021 against each other on the same date i.e. on 26.07.2021. Based on the complaint of Rupavathi, the Innova Car in the name Chakrapani has been seized from the custody of Muthukumar and in this regard, investigation is pending. After investigation only, it can be possible to find out that the Innova Car is in whose custody prior to the seizer from Muthukumar. Therefore, till the investigation is completed, the question of interim custody cannot be effectively decided. Therefore, the impugned order passed by the trial Court is sustainable. I find no infirmity in the order passed by the trial Court and no merit in these criminal revision cases. 12. Accordingly, the criminal revision cases are dismissed. Consequently, the connected miscellaneous petition is closed.