Madras High Court
Palanivel vs State Rep. By on 27 March, 2019
Author: P.Velmurugan
Bench: P.Velmurugan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.333 of 2019
Palanivel ... Petitioner
Vs
State rep. by
The Station House Officer,
Gingee Police Station,
Villupuram District.
(Crime No.160 of 2019) ... Respondent
PRAYER: Criminal Revision Case filed under Article 397 r/w 401 of Criminal
Procedure Code, to set aside the order dated 19.03.2019 made in Crl.M.P.No.608
of 2019 on the file of the Judicial Magistrate, Gingee to return Rig mounted with
oil compressor bearing Registration No. KA-05-MC-6633 to the petitioner.
For Petitioner : Mr.V.S.Appaswamee
For Respondent : Mr.R.Ravichandran,
Government Advocate (Criminal Side)
ORDER
The respondent police had registered a case against some persons in Crime No.160 of 2019 for the offence under Section 302 of IPC, and they are not party in this case. During investigation the respondent police seized the vehicle http://www.judis.nic.in 2 namely “Rig Mounted with Oil Compressor” bearing registration No.Ka-05-MC- 6699 belongs to the revision petitioner. The revision petitioner filed a petition before the learned Judicial Magistrate, Gingee for returning the above said vehicle. After enquiry the learned Judicial Magistrate, Gingee dismissed the said petition. As against the order of dismissal the revision petitioner filed the present Criminal Revision Case before this Court.
2 The learned counsel for the petitioner would submit that the revision petitioner is the owner of the said vehicle bearing registration No.Ka-05- MC-6699 and he is no way connected with the offence and the vehicle is also not involved in the offence. Further, he would submit that there are more than 10 persons employed in bore well works and the petitioner did not committ this offence. Hence, the learned counsel prays to allow this Criminal Revision Case.
3 The learned Government Advocate (Criminal Side) would submit that the occurance happened on 13.03.2019 and the case is still in preliminary stage and the accused has been absconding and not yet arrested. Therefore, he prays for dismissal of this revision case.
4 Heard, the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent and perused the http://www.judis.nic.in 3 materials available on records.
5 Considering the facts and circumstances of the case, and also taking note that the investigation is in preliminary stage and not yet completed, during investigation, the petitioner is not entitled to invoke Section 451 of Cr.P.C. Since investigation is pending and charge sheet has not been filed. This Court is not inclined to interfere with the order passed by the learned Judicial Magistrate, Gingee and there is no merit in this revision.
6 Accordingly, this Criminal Revision Case is dismissed.
27.03.2019 sbn Index – Yes/No Internet – Yes/No To
1.The Station House Officer, Gingee Police Station, Villupuram District.
2. The Judicial Magistrate Court , Gingee.
3. The Public Prosecutor, High Court of Madras.
http://www.judis.nic.in 4 P.VELMURUGAN.J sbn Crl.R.C.No.333 of 2019 27.03.2019 http://www.judis.nic.in