Madras High CourtCRL RC/640/2025dismissed

Boopathi v. State Rep By Inspector Of Police

2025-06-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.640 of 2025 Boopathi ... Petitioner Vs.

State represented by The Inspector of Police, Paramathi Police Station, Namakkal District.

(Cr.No.60 of 2025) ... Respondent PRAYER: Criminal Revision case has been filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 17.04.2025 made in Crl.M.P.No.93 of 2025, on the file of the Judicial Magistrate, Paramathi, Namakkal.

For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision case has been filed to set aside the order dated 17.04.2025 made in Crl.M.P.No.93 of 2025, on the file of the Judicial Magistrate, Paramathi, Namakkal, thereby dismissing the petition filed by the petitioner to return the property.

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

3. The petitioner is arrayed as second accused in Crime No.60 of 2025 registered for the offence under Section 303(2) of BNS, 2023, alleging that the petitioner transported 4 units of river sand illegally in a lorry bearing Registration No.TN 57 R 3141, Ashok Leyland Tipper. The petitioner owned the said lorry.

4. The learned Government Advocate (Crl.side) would submit that the investigation is still pending.

5. In view of the above, the trial Court had rightly dismissed the petition and there is absolutely no illegality in the order passed by the trial Court to interfere by this Court. The respondent is directed to complete the investigation in Crime No.60 of 2025 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order. After completion of investigation, the petitioner is at liberty to approach the Trial Court for return of property.

6. Accordingly, this Criminal Revision case stands dismissed. 04.06.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mn

G.K.ILANTHIRAIYAN, J mn To

1. The Judicial Magistrate, Paramathi, Namakkal.

2. The Inspector of Police, Paramathi Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.640 of 2025 04.06.2025