Madras High Court
Selvi Earth Movers And Transportation vs The State Rep. By on 22 September, 2022
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.R.C.No.1350 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.1350 of 2022
Selvi Earth Movers and Transportation
Private Ltd.,
Rep. by its Managing Director,
Ananthakumar, aged 39 years,
S/o.Elumalai,
Kalladikuppam,
Gingee Taluk, Villupuram District. ... Petitioner
Vs.
The State Rep. by
The Inspector of Police,
Gingee Police Station,
Villupuram District, ... Respondent
(Crime No.746 of 2021)
PRAYER: Criminal Revision Case filed under 397 r/w 401 of Cr.P.C. to set aside
the order dated 08.09.2022 made in Crl.M.P.No.3779 of 2022 on the file of the
Judicial Magistrate, Gingee and consequently, direct the respondent to return
the vehicle, viz., Tipper Lorry bearing Regn.No.TN-22-DK-2471 to the petitioner
forthwith.
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Crl.R.C.No.1350 of 2022
For Petitioner : Mr.C.Munusamy
For Respondent : Mr.S.Sugendran
Additional Public Prosecutor
ORDER
The present Criminal Revision Case has been filed against the order dated 08.09.2022 passed by the learned Judicial Magistrate, Gingee in Crl.M.P.No.3779 of 2022 dismissing the petition filed under Section 451 Cr.P.C, seeking return of the Tipper Lorry bearing Regn.No.TN-22-DK-2471 to the petitioner.
2. The respondent-Police has seized Tipper Lorry bearing Regn.No.TN-22- DK-2471, belonging to the petitioner in connection with the case registered in Crime No.746 of 2021 on its file for offence under Sections 379 IPC, Section 21(4), 21(5) of Mines and Minerals (Development and Regulation) Act. Hence, the petitioner has moved Cr.M.P.No.3779 of 2022, before the learned Judicial Magistrate, Gingee, seeking return of the vehicle. Such petition came to be dismissed by the Court below dated 08.09.2022. Hence, this revision.
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3. The learned counsel for the petitioner would submit that subject matter of vehicle was not involved in the alleged offence, it is only based on the false information the respondent/police seized the vehicle and that the matter is pending for more than one year. He would further submit that the vehicle in question is left idle in the open space thereby, the condition of the vehicle is getting deteriorated and the value of the vehicle is lost thereby, putting the petitioner to hardship and hence, he seeks for return of the vehicle.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the alleged Tipper Lorry bearing Regn.No.TN-22-DK-
2471 has been used for illegal transportation of 4 unit of well chunk (fpzw;W ghiw rf;if), without any permission or license. Therefore, the learned Additional Public Prosecutor prays that the Court below, on proper appreciation of the materials before it, dismissed the petition and the same called for no interference.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Admittedly, the vehicle was seized along with 4 units of well chunk 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1350 of 2022 (fpzw;W ghiw rf;if) and the vehicle has been produced before the Court below in C.P.No.694 of 2022. It is seen that in the present case, investigation is pending and charge sheet has not yet filed. If at all, after investigation found that the vehicle is involved in the commission of offence, it is liable to be confiscated.
The release of the vehicle during investigation is purely the discretionary power of the Court. Therefore, the learned Judge by exercising the discretionary jurisdiction has dismissed the petition filed by the petitioner. This Court, while exercising the revisional jurisdiction cannot conduct roving enquiry at this stage.
7. In view of the same, this Court does not find any perversity or infirmity in the order passed by the Court below. Accordingly, this Criminal Revision case is dismissed.
22.09.2022 Speaking Order / Non-speaking order Index : Yes.
Internet : Yes.
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1. The Judicial Magistrate, Gingee.
2. The Inspector of Police, Gingee Police Station, Villupuram District.
3.The Government Advocate (Criminal Side) Madras High Court, Chennai.
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