Iyyappan v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2025 Coram:

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

State by The Inspector of Police Vridhachalam Police Station Cuddalore Crime No.1961 of 2020 ... Respondent Prayer: Criminal Revision Case filed under under Section 397 and 401 of Cr.P.C. against the order of dismissal passed by the Judicial Magistrate No.1, Vridhachalam in Crl.M.P.No.2674 of 2023 filed under Section 451 and 457 of Cr.P.C. for return of the vehicle bearing No.TN-25-AL-4038 of Mahindra Tractor Tipper.

For Petitioner : M/s.S.Nishanthi For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Revision Petition has been filed by the petitioner against the order of dismissal passed by the Judicial Magistrate No.1, Vridhachalam in Crl.M.P.No.2674 of 2023, filed under Section 451 and 457 of Cr.P.C. for return of the vehicle bearing No.TN-25-AL-4038 of Mahindra Tractor and Tipper.

2. The case of the petitioner is that the petitioner is the owner of the vehicle bearing Regn.No.TN-25-AL-4038 (Mahindra Tractor and Tipper). The said vehicle was seized by the respondent police in connection with Crime No.1961 of 2020 for the offence under Sections 379 and 430 of IPC read with Section 21(1) of Mines and Minerals (Development & Regulation) Act alleging that the said vehicle was involved theft of sand. Therefore, the petitioner filed a petition in Crl.M.P.No.2674 of 2023 before the Judicial Magistrate No.1, Vridhachalam, under Section 451 and 457 of Cr.P.C., seeking custody of the property, but the said petition was dismissed by order dated 04.09.2023. Aggrieved by the same, the present revision is filed. 2/5

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has been completed and the charge sheet has also been filed and that the property has been produced before the Court in C.P.No.201 of 2020.

4. Since the charge sheet has been filed and no confiscation proceedings have been initiated so far, this Criminal Revision Petition is disposed of with liberty to the petitioner to approach the trial Court to work out his remedy. 25.04.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Judicial Magistrate No.1, Vridhachalam

2. The Inspector of Police Vridhachalam Police Station Cuddalore

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

P.VELMURUGAN. J.

Ksa-2 25.04.2025 5/5