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Madras High CourtCRL RC/936/2021dismissed with direction

M. Narasimhan v. State Rep By

2022-01-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2022.

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.R.C.No.936 of 2021 M.Narasimhan

...Petitioner/Accused

Vs.

State by.

The Forest Ranger, Forest Range Office, Gummidipoondi Range, Chennai.

(WLOR.No.01 of 2020)

...Respondent/Complainant

Prayer: Criminal Revision filed is under Section 397 & 401 of Criminal Procedure Code, to set aside the order dated 08.11.2021 passed by the learned Judicial Magistrate-II, Ponneri in Crl.M.P.No.4782 of 2021 and direct the respondent to return the Gun bearing SBBL.No.73292 to the petitioner.

For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conferencing) The Criminal Revision Petition has been filed challenging the order passed by the Judicial Magistrate-II, Ponneri in C.M.P.No.4782 of 2021 dated 08.11.2021 in dismissing the petition filed by the petitioner.

2.Learned counsel appearing for the petitioner would submit that the offences alleged against the petitioner are compoundable in nature and the petitioner has intended to compound the matter and as per Section 54 (2) of the Wild Life Protection Act, once the matter is compounded, no further proceedings in respect of the offences shall be taken against such person. He would further submit that he may be granted liberty to approach the Court concerned for return of property. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, this Criminal Revision Petition is dismissed and the petitioner is at liberty to approach the Court concerned seeking return of property after compounding the offences and therefore, the Court concerned, shall pass orders in accordance with law.

4. Accordingly, the Criminal Revision stands dismissed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ham To

1. The Judicial Magistrate-II, Ponneri.

2. The Forest Ranger, Forest Range Office, Gummidipoondi Range, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Vivekananthan, Advocate, S.R.No.5104 Crl.R.C.No.936 of 2021 MT(CO) RGA(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/