Madras High CourtCRL RC/185/2019dismissed

Ganesan v. The State Rep By Its,

2019-02-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.No.185 of 2019 Ganesan .. Petitioner /versus/ State rep.by Inspector of Police, Pennagaram Police Station, Dharmapuri District.

Crime No.335/2018 .. Respondent Criminal Revision Case has been filed under Section 397 r/w 401 of Cr.P.C. praying to direct the Judicial Magistrate, Pennagaram to take the Crl.M.P.SR.No.3811 of 2018 and dispose the same according to law.

For Petitioner :Mr.T.Pappaiah Dharmarajan For Respondent :Mr.Arulmozhimaran, GA ---------

O R D E R

This petition has been filed praying to direct the Judicial Magistrate, Pennagaram to take the Crl.M.P.SR.No.3811 of 2018 and dispose the same according to law.

2. The learned counsel appearing for the petitioner would submit that the vehicle which was involved in theft of river sand was seized by the respondent police and the First Information Report was registered under Section 379 of IPC. Therefore, submitted as a matter of right, he is entitled for get back the property as per the judgment rendered by this Court in Crl.R.C.No.1369 of 2018 dated 17.12.2018.

3. Whereas the learned Government Advocate representing the State would submit that though the First Information Report was registered for offence under Section 379 of IPC, since the offence involved violation of Mines and Minerals Act, prosecution is contemplating to invoke the provisions of Mines and Minerals Act and initiate confiscation proceedings.

4. In the light of the above fact, this Court is of the opinion the order of the learned Magistrate to approach the https://hcservices.ecourts.gov.in/hcservices/

appropriate forum for remedy is well within the law. Hence, the Criminal Revision Case is dismissed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bsm To 1.The Judicial Magistrate, Pennagaram.

2.Do -Thro' The Chief Judicial Magistrate, Dharmapuri District.

3.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras - 104.

5.The Section Officer, Criminal Section, High Court, Madras - 104.

+1cc to Mr. M.Selvam, Advocate, S.R.No.9591 Crl.R.C.No.185 of 2019 KK(CO) rrs 27/02/2019 https://hcservices.ecourts.gov.in/hcservices/