Madras High CourtCRL RC/1400/2023dismissed

Vicky@Vignesh v. State Of Tamilnadu

2023-09-07Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Vicky @ Vignesh ... Petitioner Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

(Crime No.518/2020) ... Respondent Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code to set aside the orders dated 19.08.2020 in Crl.M.P.No.2113/2020 on the file of the learned District and Sessions Judge, Nagapattinam.

For Petitioner : Mr.U.Kathiravan For Respondent : Mr.R.Vinothraja, GA (Crl. Side)

ORDER

Challenge in this criminal revision case is made to the orders dated 19.08.2020 in Crl.M.P.No.2113/2020 on the file of the learned District and Sessions Judge, Nagapattinam.

2.The case of the prosecution is that the accused was found transporting river sand in a tractor which did not have any registration number. The Inspector of police, Kuthalam Police Station arrested the accused and registered FIR in Crime No.518/2020 against the accused for the offences punishable under Sections 379 & 430 IPC r/w. 21 of Mines and Minerals (Development and Regulation) Act 1957 and remanded him to judicial custody. The tractor was also seized. The revision petitioner filed a petition in Crl.M.P.No.2113/2020 under Section 451 / 457 Cr.P.C. seeking return of the vehicle and it was dismissed by the trial court judge.

3. It is seen from the records that the tractor does not have any Registration Number. The Engine Number and Chassis Number in the tractor were also found to be erased. In the circumstances, the vehicle cannot be returned to the present revision petitioner. Accordingly, the Criminal Revision is dismissed. The orders dated 19.08.2020 in Crl.M.P.No.2113/2020 on the file of the learned District and Sessions Judge, Nagapattinam, is confirmed.

07.09.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To 1.The State of Tamil Nadu, Rep. By the Inspector of Police, Kuthalam Police Station, Mayiladuthurai District.

(Crime No.518/2020)

2. The District and Sessions Court, Nagapattinam.

R. HEMALATHA, J.

mtl 07.09.2023