Madras High CourtCRL RC/301/2025dismissed

P.Dhanapalan v. State Rep. By Its

2025-03-04Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN P.Dhanapalan ... Petitioner Vs State represented by The Inspector of Police, Mathigiri Police Station, Hosur, Krishnagiri District. ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 read with 442 of BNSS, to call for the records pertaining to the order made in Crl.M.P.No.4299 of 2024 in Crime No.136 of 2024 dated 06.12.2024 passed by the learned Judicial Magistrate No.II, Hosur, and set aside the same and to direct the trial court to return the interim custody of the car namely TATA VISTA bearing registration No.TN-70-C-7605 to the petitioner.

For Petitioner : Mr.A.Balamurugan For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to call for the records pertaining to the order dated 06.12.2024 passed in Crl.M.P.No.4299 of 2024 in Crime No.136 of 2024 by the learned Judicial Magistrate No.II, Hosur and to set aside the same and to direct the trial court to return the car namely TATA VISTA bearing registration No.TN-70-C-7605 to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondentPolice and perused the materials available on record.

3. The petitioner has filed an application in Crl.M.P.No.4299 of 2024 on the file of the Judicial Magistrate Court No.II, Hosur, for return of vehicle alleged to have been involved in the case in Crime No.136 of 2024. The trial Court dismissed the same, vide impugned order dated 06.12.2024. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. Learned counsel for the petitioner submitted that the

respondent-Police registered a case in Crime No.136 of 2024 for the offences under Sections 4(1)(aa) and read with 4(1-A) of the Tamil Nadu Prohibition Act against the petitioner. He filed an application in Crl.M.P.No.4299 of 2024 on the file of the Judicial Magistrate Court No.II , Hosur, for return of vehicle. The trial Court dismissed the same, vide impugned order dated 06.12.2024. Aggrieved by the same, the petitioner has filed this criminal revision petition. He further submitted that though vehicle number has been mentioned in the F.I.R,, the said vehicle was not seized by the respondent-Police on the date of occurrence. Before the learned magistrate, the stand taken by the prosecution is that, they wrongly mentioned the vehicle registration number in the F.I.R.

5. The learned Additional Government Pleader appearing for the respondent-police submitted that investigation is pending.

6. In view of the above submission, during investigation, this

Court is not inclined to interfere with the impugned order passed by the learned Judicial Magistrate No.II. However, the petitioner is at liberty to work out his remedy before the trial court, after filing of charge sheet. The respondent-Police is directed to file the charge sheet within a period of one month.

7. With the abovesaid direction, this Criminal Revision petition is dismissed.

14.02.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, Mathigiri Police Station, Hosur, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J mfa 04.03.2025