Madras High CourtCRL RC(MD)/516/2015disposed of

P.Raji v. The Forest Ranger

2016-06-08Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.06.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS Criminal Revision Case (MD)No.516 of 2015 P.Raji .. Petitioner Vs.

The Forest Ranger, Ottanchathiram Forest Range, Ottanchathiram, Dindigual District.

(W.L.O.R.No.3 of 2014) .. Respondent Petition filed under Section 397 and 401 of Cr.P.C, to pass an order setting aside the order of the learned Judicial Magistrate, Ottanchathiram, Dindigul District made in M.P.No.7567 of 2015 in W.L.O.R.No.3 of 2014, dated 03.08.2015 and further directing the learned Judicial Magistrate to hand over the Bolero Vehicle bearing Registration No.TN30 AM 3148 as interim custody forthwith. For Petitioner : Mr.S.Palanivelayutham For Respondent : Mr.P.Kandasamy, Government Advocate (Crl.Side)

ORDER

This revision is filed challenging the order of the Judicial Magistrate, Ottanchathiram, Dindigul District made in M.P.No.7567 of 2015 in W.L.O.R.No.3 of 2014, dated 03.08.2015 by the financier of the Bolero vehicle bearing Registration No.TN30 AM 3148.

2.The said vehicle has been seized by the Forest official on the allegation that it has been used in the commission of a forest offence. In the said Miscellaneous Petition, the financier sought interim custody of the said vehicle under Section 451 Cr.P.C. It became the Government property was the stand taken by the Forest Department. In such circumstances, Judicial Magistrate has dismissed his petition. That is how, this revision. 3.The learned Government Advocate (Criminal Side) submitted that the said Bolero vehicle has been confiscated to the Government by the orders of the District Forest Officer, Dindigul Division on 16.12.2015 and a copy of the same has been produced today. A copy of the order has also been sent to Mr.R.Gandhikumar, who is stated to be the registered owner.

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4.Recording the above submission of the learned Government Advocate this revision is disposed of. The petitioner is at liberty to work out his remedy in the manner known to law. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar sms To 1.The Forest Ranger, Ottanchathiram Forest Range, Ottanchathiram, Dindigual District.

2.The Judicial Magistrate, Ottanchathiram, Dindigul District +1CC to Mr.S.Palani Velayutham, Advocate Sr.No.29056 GJM/ARK/PV/16.6.16-2p-4c Criminal Revision Case (MD)No.516 of 2015 08.06.2016 https://hcservices.ecourts.gov.in/hcservices/