Madras High CourtCRL RC/1392/2023dismissed as infructuous

Davidraj v. State Rep By

2025-03-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN David raj ... Petitioner Vs State represented by The Inspector of Police, Nagore Police Station, Chennai.

... Respondent PRAYER:

Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C., to call for the records pertaining to the dismissal order passed by the learned Judicial Magistrate No.II, Nagapattinam in Crl.M.P.No.2736 of 2023 dated 30.06.2023 and to set aside the same. For Petitioner : Mr.S.Krishnamoorthy For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

This Criminal Revision Petition has been filed to call for the records pertaining to the dismissal order dated 30.06.2023 passed in Crl.M.P.No.2736 of 2023 by the learned Judicial Magistrate No.II, Nagapattinam and to set aside the same.

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

3. The respondent-Police registered a case in Crime No.208 of 2023 against the petitioner herein for the offence under Section 4(1)(aaa) and 4(1-A) of TN Prohibition Act. Pending investigation, the petitioner has filed a petition under Sections 451 and 457 Cr.P.C., in Crl.M.P.No.2736 of 2023 seeking for interim custody of the seized vehicle. The learned Magistrate vide impugned order dated 30.06.2023 dismissed the same. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. Learned Additional Public Prosecutor appearing for the

respondent-Police submitted that confiscation proceeding was initiated and the same was completed. Investigation was over and charge sheet has also been filed vide E-filing No.202400274 on 24.02.2024 itself before the learned Judicial Magistrate No.II, Nagapattinam.

5. In view of the above submission, the relief sought for by the petitioner in the revision petition has become infructuous. Hence, this Criminal Revision Petition is dismissed as infrcutuous. 12.03.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Judicial Magistrate No.II, Nagapattinam.

2. The Inspector of Police, Nagore Police Station, Chennai.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa 12.03.2025