Madras High CourtCRL RC/214/2023dismissed

Mangaiyarkkarasi v. State Rep By Inspector Of Police

2023-02-08Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Mangaiyarkkarasi, W/o.Govindaraj.

... Petitioner -vsState Rep. by Inspector of Police, Thittacherry Police Station, Nagapattinam District, (Crime No.735 of 2020) ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., pleased to call for the records in Crl.M.P.No.4328 of 2022 on the file of the Principal Session Judge, Nagapattinam and set aside the same subsequently grant interim custody of the vehicle namely John Deere Tractor bearing Engine No.PY3029D545929 and Chassis Number : 1PY5050DTKA039162 with tipper to the petitioner in connection with the Crime No.735 of 2020 on the file o the respondent police.

For Petitioner : Mr.K.Pragadeesh Kumar For Respondent : Mr.Meganathan, G.A (Crl.Side)

O R D E R

This Criminal Revision Case has been filed to call for the records in Crl.M.P.No.4328 of 2022 on the file of the Principal Session Judge, Nagapattinam and set aside the same subsequently grant interim custody of the vehicle namely John Deere Tractor bearing Engine No.PY3029D545929 and Chassis Number:1PY5050DTKA039162 with tipper to the petitioner in connection with the Crime No.735 of 2020 on the file o the respondent police.

2. This Court, on perusal of records, it is seen that the petitioner filed a petition before this Court vide Crl.M.P.No.3058 of 2020 for return of tractor seized by the respondent police in crime No.735 of 2020 and the same was dismissed. Thereafter, the petitioner filed revision in Crl.R.C.No.872 of 2021, dated 02.02.2022, this Court vide its order, directed to complete the confiscation proceedings within a period of six months. But till date, the respondent police has not initiated any confiscation proceedings. Based upon that, the trial Court in the impugned order in Crl.M.P.No.4328 of 2022 dismissed the petition seeking for interim custody of the vehicle by the petitioner. Under these circumstances, this Criminal Revision at this stage pending confiscation proceedings is unsustainable.

Hence, this Criminal Revision Petition is dismissed. 08.02.2023 Index:Yes/No.

bsm To,

1. The Principal Session Judge, Nagapattinam.

2. The Inspector of Police, Thittacherry Police Station, Nagapattinam District.

V.SIVAGNANAM , J., bsm 08.02.2023