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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Sathish ... Petitioner Vs State represented by, The Inspector of Police, Karimangalam Police Station, Dharmapuri District. ... Respondent PRAYER:

Criminal Revision Petition filed under Sections 397 read with 401 of Cr.P.C., , praying to setaside the order dated 19.11.2024 made in Crl.M.P.NO.3029 of 2024 in Crime No.362 of 2024 on the file of the District Munsif cum Judicial Magistrate, Karimanagalam. For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to setaside the order dated 19.11.2024 passed in Crl.M.P.NO.3029 of 2024 in Crime No.362 of 2024 on the file of the District Munsif cum Judicial Magistrate, Karimanagalam.

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 learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle. The alleged offence is that the petitioner has transported 2 1⁄2 units of gravel sand illegally. The petitioner is noway connected with the alleged offence. Hence, the petitioner filed a petition in Crl.M.P.No.3029 of 2024 on the file of the District Munsif cum Judicial Magistrate, Karimangalam, seeking return of property which was seized by the respondent-Police.The learned Magistrate dismissed the same vide impugned order dated 19.11.2024. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. Learned Additional Public Prosecutor appearing for the respondent-Police submitted that the petitioner has transported gravel sand illegally. Hence the respondent-Police seized the petitioner vehicle in Crime No.362 of 2024 for the offence under Section 303(2) of BNSS. He further submitted that the investigation is pending and charge sheet yet to be filed.

5. Considering the nature of offence and pending investigation, this Court is not inclined to interfere with the impugned order passed by the learned Magistrate. However, the petitioner is at liberty to approach the trial court after filing of charge sheet.

6. In view of the same, this Criminal Revision Petition is dismissed.

14.03.2025 ( 2/2 ) mfa Index:Yes/No Speaking Order: Yes/No

To 1.The District Munsif cum Judicial Magistrate, Karimanagalam. 2.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa 14.03.2025