Madras High Court

CRL RC/519/2026 of SELVAKUMAR Vs State Represented by The Sub Inspector of Police on 23 September 2026

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CRL.R.C.No.519 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL.R.C.No.519 of 2026

CNR: {HCMA010475552026}

Selvakumar

..Petitioner(s)

Vs

1. State Represented by The Sub Inspector of Police G6, Chithamur Police Station, Chengalpattu District. Cr.No. 172/2022.

2. Cairo Engineering

No.378, Bharath Nagar,

Pudhupattinam, Kalpakkam,

Chengelpet District-603102.

(R2 is impleaded as per the order dated

13.03.2026 in Crl.M.P.No.4751 of 2026

in Crl.RC.No.519 of 2026)

..Respondent(s)

Prayer: Revision filed under Section 438 r/w 442 of the BNSS Act, to set aside the order dated 27.10.2025 in Crl.M.P.No.95/2023 in Crime No.172/2022 on the file of the District Munsif cum Judicial Magistrate, Cheyyur.

For Petitioner(s):

Mr.F.Terry Chella Raja

For Respondent(s):

Mr.A.Amarnath

Additional Public Prosecutor

for R1

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ORDER

The revision challenges the order passed by the learned District Munsif cum Judicial Magistrate, Cheyyur, dismissing the petitioner's application filed under Section 451 of the Criminal Procedure Code, 1973,

CRL.R.C.No.519 of 2026

r/w Section 196 of the Motor Vehicles Act, 1988 and the Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules, 19891.

2. The petitioner is the defacto complainant in Crime No.172 of 2022, whose father was involved in an accident, where he died due to the rash and negligent driving by the driver of the lorry bearing No. TN19AX4374. It is the case of the petitioner that the registered owner of the lorry has not furnished a copy of the insurance policy and therefore, the vehicle is liable to be sold and compensation be paid to the claimant under the Motor Vehicles Act, 1988.

3. The learned Magistrate dismissed the said prayer on the ground that it was not the function of the Judicial Magistrate to conduct public auction in terms of Rule 26(2) of the TNMACT Rules and it is only for the Executive Magistrate to conduct public auction.

4. The learned counsel for the petitioner would submit that the TNMACT Rules makes it very clear that the power is only conferred on the Judicial Magistrate.

5. This Court is of the view that the said question would not be relevant for the purpose of deciding whether the vehicle should be subjected to auction for the purpose of paying compensation to the 1 For brevity, hereinafter referred to as “TNMACT Rules”.

CRL.R.C.No.519 of 2026

claimants. Though the case was registered in the year 2022 and though the final report has been filed, it is yet to be taken on file. The question as to whether the vehicle was involved in the accident cannot be decided at the stage of investigation and it is to be determined only by the learned Magistrate during the Trial.

6. So, this Court is of the view that Rule 26(1) and (2) of the TNMACT Rules cannot be interpreted to mean that pending investigation and trial, the vehicle should be sold by public auction, as the driver of the vehicle is entitled to plead that his vehicle was never involved in the accident. Therefore, this Court is of the view that the petition filed by the petitioner is premature. The learned Magistrate shall take the final report on file and conclude the Trial as expeditiously as possible.

7. The Criminal Revision Case, accordingly, stands dismissed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm) To:

1. The Sub Inspector of Police G6, Chithamur Police Station, Chengalpattu District. Cr.No. 172/2022.

2. The District Munsif cum Judicial Magistrate, Cheyyur.

CRL.R.C.No.519 of 2026

SUNDER MOHAN, J. (drm) CRL.R.C.No.519 of 2026 23-09-2026

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