Madras High CourtCRL RC/893/2023dismissed

Hari Vignesh v. The Inspector Of Police

2023-09-04Honourable Mrs Justice R. Hemalatha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Hari Vignesh ... Petitioner Vs.

1.State Rep. by The Inspector of Police Uthangarai Police Station, Krishnagiri District.

(Crime No.512/2022) 2.Usha ... Respondents (R2 impleaded as per order dated 22.06.2023 in Crl.M.P.No.8741/2023 in Crl.R.C.No.893/2023) Prayer : Criminal Revision filed under Section 397 r/w. 401 Cr.P.C. to set aside the order dated 25.04.2023 made in Crl.M.P.No.1460/2023 on the file of Principal Sessions Court, Krishnagiri. For Petitioner : Mr.R.Parthiban For R1 : Mr.R.Vinothraja, GA (Crl. Side) R2 : No appearance

ORDER

Challenge in this criminal revision case is made to the orders dated 25.04.2023 in Crl.M.P.No.1460/2023 passed by the learned Principal Sessions Judge, Krishangiri.

2.The present revision petitioner/accused filed a petition under Section 451 of Cr.PC in Crl.MP.No.1460/2023 on the file of learned Principal Sessions Judge, Krishnagiri seeking return of vehicle, namely, 'Scorpio Car Ex' bearing Registration No.TN-22-BS-7898. The vehicle was seized by the first respondent police in connection with Crime No.512/2022 for the offences punishable under Sections 147, 148, 364, 120(B), 302 IPC r/w. Section 3(2) (v) of SC/ST Act, 1989. The petition was dismissed by the trial court judge on the ground that the victim was abducted by the accused in the said car and thereafter murdered him.

3. Mr.R.Vinothraja, learned Government Advocate (Crl. Side) contended that the offences are heinous in nature and prayed for

dismissal of the criminal revision.

4.The case of the prosecution is that the accused abducted one Jai Vendhan (deceased) in a Scorpio Car Ex bearing Registration No. TN-22-BS-7898 on 23.11.2022 and after murdering him threw his body near Veppalampatty Village, Uthangarai. The Inspector of Police, Uthangarai Police Station, on the basis of the complaint given by the mother of the victim, registered FIR in Crime No.512/2022 of Uthangarai Police Station, arrested the accused and seized the weapon used by him for the commission of crime. The car was also seized by the police. After completing investigation, a final report was filed against the accused for the offences punishable under Sections 147, 148, 364, 120(B), 302 IPC r/w. Section 3(2) (v) of SC/ST Act, 1989.

5.In the circumstances, I do not see any reason to allow the present criminal revision

6.Accordingly, the Criminal Revision is dismissed. The orders dated 25.04.2023 in Crl.M.P.No.1460/2023 passed by the learned Principal Sessions Judge, Krishangiri, is confirmed. 04.09.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order Mtl To 1.The Inspector of Police, Uthangarai Police Station, Krishnagiri District. 2.The Principal Sessions Court, Krishangiri.

R.HEMALATHA.J., mtl 04.09.2023