Madras High CourtCRL RC/449/2025dismissed

Girishbabu v. State Rep By Its, Inspector Of Police

2025-03-14Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN ... Petitioner Girish Babu Vs State represented by its The Inspector of Police, Nallur Police Station, Hosur.

... Respondent PRAYER:

Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C., / 439 read with 442 of BNSS, to set aside the order dated 08.08.2024 passed in Crl.M.P.No.2599 of 2024 on the file of the Judicial Magistrate No.II Court, Hosur.

For Petitioner : Mr.M/s.R.Gouri For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to set aside the order dated 08.08.2024 passed in Crl.M.P.No.2599 of 2024 on the file of the Judicial Magistrate No.II Court, Hosur.

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 respondent police filed a case in Crime No. 14 of 2024 against the petitioner for the offences under Sections 379, 430 IPC read with 21(1) of MM(D& R) Act. The petitioner is noway connected with the alleged offence. Hence, the petitioner has filed the petition in Crl.M.P.No.2599 of 2024 on the file of the Judicial Magistrate Court No.II, Hosur, seeking to produce the case property which was seized by the respondent-Police. The learned Magistrate dismissed the same vide impugned order dated 08.08.2024. Aggrieved by the same, the petitioner has filed this criminal revision

petition.

4. The learned Additional Public Prosecutor appearing for the respondent-Police submitted that the petitioner has transported soil illegally. Hence, the respondent-Police seized the petitioner's vehicle in Crime No.14 of 2024 for the offences under Sections 379, 430 IPC read with 21(1) of MM(D& R) Act. He further submitted that confiscation proceedings has been initiated and the matter is pending before the competent authority.

5. In view of the same, this Criminal Revision Petition is dismissed. The petitioner is at liberty to participate in the confiscation proceedings.

14.03.2025 ( 3/3) mfa Index:Yes/No Speaking Order: Yes/No To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, Nallur Police Station, Hosur.

3. The Public Prosecutor, High Court,

P.VELMURUGAN, J mfa 14.03.2025