Jayaprakash v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Jayaprakash ... Petitioner Vs.

The State represented by The Inspector of Police Sunguvarchathiram Police Station Kancheepuram District ... Respondent Prayer: Criminal Revision Case filed under Section 438 and 442 of Bhartiya Nagrik Suraksha Sanhita, 2023 to set aside the order dated 06.08.2024 passed in Crl.M.P.No.4524 of 2024 in Crime No.325 of 2024 by the Judicial Magistrate, Sriperumbudur, Kancheepuram District. For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order dated 06.08.2024 passed in Crl.M.P.No.4524 of 2024 in Crime No.325 of 2024 by the Judicial Magistrate, Sriperumbudur, Kancheepuram.

2. The case of the prosecution is that on 7.05.2024 at about 10.30 p.m., more than 60 buffaloes were transported in a lorry bearing Regn. No.KA01 AM 0747 without proper protection and also by causing inconvenience to the said animals. The further case of the prosecution is that the said buffaloes were not given any food or water during its transportation and on receipt of the complaint, the respondent police registered a case in Crime No.325 of 2024 and also seized the said lorry belonging to one Thirumurugan Lorry Service. The driver of the vehicle and its owner were arrayed as accused.

3. The case of the petitioner is that he is the owner of the said lorry. The lorry was taken on hire by some third parties and he is not directly involved in the said case. The petitioner filed a petition in Crl.M.P.No.4524 of 2024 before 2/5

the Judicial Magistrate, Sriperumbudur, Kancheepuram District, seeking for return of property, but the said petition was dismissed by order dated 06.08.2024. Hence, challenging the same, the present revision is filed.

4. Heard both sides and perused the materials available on record.

5. A perusal of the impugned order shows that the Magistrate has clearly stated that before disposal of W.P.No.7301 of 2024 or withdrawal of oral direction of stay for releasing the vehicle, the petition seeking return of property cannot be considered.

6. Therefore, this Court is not inclined to interfere with the order passed by the Magistrate.

7. Accordingly, this Criminal Revision Case is dismissed. 13.03.2025 (2/2) Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Judicial Magistrate, Sriperumbudur, Kancheepuram District.

2. The Inspector of Police Sunguvarchathiram Police Station Kancheepuram District

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

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