Madras High CourtCRL RC/1348/2023disposed of

Deepan v. The 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 Deepan ... Petitioner Vs State of Tamil Nadu represented by, The Inspector of Police, Manalmedu Police Staiton, Mayiladuthurai District. ... Respondent PRAYER:

Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C.,to set aside the order passed in Crl.M.P.No.851 of 2021 on the file of the District and Sessions Judge, Nagapattinam dated 17.03.2021 and grant interim custody of the vehicle bearing Registration No. TN 31-AU-9113 in favour of the petitioner. For Petitioner : Mr.U.Kathiravan 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 17.03.2021 passed in Crl.M.P.No.851 of 2021 on the file of the District and Sessions Judge, Nagapattinam and to grant interim custody of the vehicle bearing Registration No. TN 31-AU-9113 in favour of the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-Police and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the respondent Police registered a case in Crime No.113 of 2021 against the petitioner for the offence under Sections 379 and 430 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957. the petitioner is the owner of the vehicle. The alleged offence is that the petitioner used his vehicle for illegal transportation of sand. The

petitioner is noway connected with the alleged offence. Hence, the petitioner filed a petition in Crl.M.P.No.851 of 2021 under Sections 451 and 457 of Cr.P.C., seeking return of vehicle, on the file of the Principal District and Sessions Court, Nagapattinam. The learned Sessions Judge dismissed the same vide impugned order dated 17.03.2021. Aggrieved by the same, the petitioner has filed this Criminal Revision Petition.

4. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent-Police submitted that investigation has been completed and charge sheet has also been filed before the Judicial Magistrate No.I Court, Mayiladuthurai vide e-filing No.C202500069 on 11.03.2025 and the vehicle has been produced before the Magistrate concerned. He further submitted that confiscation proceedings has been initiated and the same is pending.

5. Since the confiscation proceedings has been initiated, the petitioner is at liberty to participate in the confiscation proceeding.

Further, the competent authority is directed to conduct enquiry after issuing notice to the petitioner and dispose of the matter in accordance with law.

6. With the abovesaid direction, this Criminal Revision Petition is disposed of.

14.03.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District and Sessions Judge, Nagapattinam.

2. The Judicial Magistrate No.I, Mayiladuthurai 3.The Inspector of Police, Manalmedu Poice Staiton, Mayiladuthurai District.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa 14.03.2025