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Madras High CourtCRL RC(MD)/87/2021dismissed

Jegan v. The District Collector

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Jegan ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Assistant Director, Department of Geology and Mining, 4.The Tahsildar, Nilakottai, Dindigul District.

5.State through The Sub-Inspector of Police, Vilampatti Police Station, Dindigul District.

(Crime No.56 of 2018)

...Respondents

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order dated 21.11.2020 in Crl.M.P.No.1149 of 2020 on the file of the Principal Session Judge, Dindigul set aside the same and consequently allow the Criminal Revision case and direct the 5th respondent to release the vehicle bearing Registration No.TN 60 AA 8377 forthwith.

For Petitioner : No Appearance For Respondent : Mrs.M.Aasha No.1 to 5 Government Advocate

O R D E R

This Criminal Revision has been filed to call for the records relating to the order dated 21.11.2020 in Crl.M.P.No.1149 of 2020 on the file of the Principal Session Judge, Dindigul set aside the same and consequently allow the Criminal Revision case and direct the 5th respondent to release the vehicle bearing Registration No.TN 60 AA 8377 forthwith.

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2. The petitioner is the accused in Crime No.56 of 2018 registered for the offence under Section 379 of IPC and Section 27

(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act.

3. The case of the prosecution is that on 22.05.2018, the complainant intercepted the vehicle namely Mahindra Bolero Pickup bearing Reg. No.TN 60AA8377 and found 1⁄2 unit of river sand being illegally transported. In pursuance to the registration of the crime the said vehicle was seized and produced before the learned Judicial Magistrate, Nilakotti in RPR No.55 of 2018. Pending investigation, the petitioner has filed a petition for return of his vehicle.

4. Perusal of the record reveals that the petitioner failed to produce registration certificate which stands in his name, whereas he produced copy of RC book which stands in the name of one R. Murugan, Aadhar card, letter of RTO. According to the petitioner the vehicle was purchased from the said Murugan , thereafter he failed to transfer ownership of the vehicle in his name. Form 29 dated 22.05.2018. Unfortunately for the period of two years, ownership was not transferred, hence the Court below has rightly dismissed the petition filed by the petitioner for return of vehicle, hence this Court finds no illegality or infirmity in the order passed by the Court below.

5. In the result, the Criminal Revision stands dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To:

1.The Principal Session Judge, Dindigul 2.The District Collector, 3.The Revenue Divisional Officer, 2/3

4.The Assistant Director, Department of Geology and Mining, 5.The Tahsildar, Nilakottai, Dindigul District.

6.The Sub Inspector of Police, Vilampatti Police Station, Dindigul District.

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Judicial Magistrate, Nilakottai, Dindigul District.

20.04.2022 RK(04/05/2022) 3P 9C 3/3