Raveendran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HONOURABLE MR.JUSTICE. V. PARTHIBAN Crl.RC.No.15 of 2019 Raveendran ... Petitioner Vs.

State by:

The Sub-Inspector of Police, Padalam Police Station, Kancheepuram District.

... Respondent Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order dated 02.11.2018 passed by the learned Judicial Magistrate No.I, Chengalpattu in C.M.P.No.3336 of 2018 and set aside the same.

For Petitioner : Mr.G.Magesh Kumar For Respondent : Mr. Harihara Arun Somasankar, Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed against the order dated 02.11.2018, passed by the learned Judicial Magistrate No.I, Chengalpattu, in C.M.P.No.3336 of 2018, rejecting the application filed by the petitioner herein under Section 457 of Cr.P.C., seeking return of vehicle, which was involved in the offence under Sections 430 and 379 of IPC read with Section 3(1) of TNPPDL Act.

2.According to the learned Magistrate, the Division Bench of this Court in WP(MD).No.7595 of 2018 (Mahalingam Vs. The secretary of Govt. Public Works Department, Secretariat, Chennai and others), dated 24.09.2018 has made an interim order that no Courts shall entertain any request for return of vehicle, which was involved in illegal sand mining. The Division Bench of this Court had passed the order on 24.09.2018 and on the basis of which the petition filed by the petitioner has been rejected.

https://hcservices.ecourts.gov.in/hcservices/

3.However, on the day when the learned Judicial Magistrate had passed the order dated 02.11.2018, the Division Bench of this Court has modified its own order and subsequently passed directions on 29.10.2018 directing the return of vehicle by imposing certain conditions.

4.Unfortunately, the modified order has not been brought to the notice to the learned Judicial Magistrate, Chengalpattu. In any event, pursuant to the final order in the above said writ petition, the petitioner herein should be given liberty to file a fresh petition.

5.In view of the same, the Criminal Revision Petition stands dismissed with liberty to the petitioner to approach the learned Judicial Magistrate concerned and appraise about the modified order dated 29.10.2018, in W.P.(MD) Nos.22023 to 22026 of 2018 etc., passed by the Division Bench of this Court, in the aforesaid writ petition and seek appropriate remedy. The learned Judicial Magistrate shall consider the petition on merits and in accordance with law and pass suitable orders on such petition being filed by the petitioner herein.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sub-Inspector of Police, Padalam Police Station, Kancheepuram District.

2.The Judicial Magistrate-I, Chengalpattu.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Magesh Kumar, Advocate, S.R.No.1690 Crl.RC.No.15 of 2019 GSP(08/01/2019 https://hcservices.ecourts.gov.in/hcservices/