Madras High CourtCRL RC(MD)/696/2016dismissed

Selvan, v. The Inspector Of Police,

2016-10-06Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.GOKULDAS Crl.R.C.(MD)No.696 of 2016 and Crl.M.P.(MD)No.9748 of 2016 Selvan ... Petitioner/Petitioner/Accused No.3 Vs.

The State Rep.by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No. 259/2016 ... Respondent/Respondent/Complainant PRAYER: The Criminal Revision petition is filed under Section 397 r/w 401 of Cr.P.C., to revise the order dated 24.08.2016 in Crl.M.P.No.4180 of 2016 in Crime No.259/2016 passed by the learned Judicial Magistrate, Valliyoor, Tirunelveli District. For Petitioner : Mr.S.Palani Velayutham For Respondent : Mr.P.Kandasamy, G.A.(Crl.side)

O R D E R

This petition is filed to revise the order dated 24.08.2016 in Crl.M.P.No.4180 of 2016 in Crime No.259/2016 passed by the learned Judicial Magistrate, Valliyoor, Tirunelveli District. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent Police.

3.The case of the prosecution is that the petitioner's lorry bearing registration No.TN 69 AC 4397 has been used for transporting sand illegally and hence, the vehicle has been seized and a case in Crime No.259 of 2016 has been registered against the petitioner and others. The petitioner is arrayed as accused No.3. The petitioner filed an application in Crl.M.P.No.4180 of 2016 before the learned Judicial Magistrate, Valliyoor, Tirunelveli District for the return of the said vehicle. The learned Judicial Magistrate by order dated 24.08.2016 dismissed the application. Challenging the same, the present Criminal Original petition is https://hcservices.ecourts.gov.in/hcservices/

filed.

4.Considering the facts and circumstances of the case and also considering the fact that the petitioner himself is one of the accused in this case, this Criminal Revision Petition deserves to be dismissed. Accordingly, this Criminal Original petition is dismissed. Consequently, connected Crl.M.P.is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Valliyoor, Tirunelveli District.

2. The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.S.PALANI VELAYUTHAM, ADVOCATE IN SR No. 60067 NBJ TE/SS-2 : 24/10/2016 : 2P/5C Crl.R.C.(MD)No.696 of 2016 and Crl.M.P.(MD)No.9748 of 2016 06.10.2016 https://hcservices.ecourts.gov.in/hcservices/