Crl.A.No.988 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.A.No.988 of 2022
Preethi ...Appellant
Vs.
The State represented by
The Inspector of Police,
Seerkazhi Police Station,
Mayiladuthurai District.
(Crime No.1290 of 2020) ...Respondent
This Criminal Appeal is filed under Section 30B(4) of Mines and
Minerals (Development and Regulation) Act, 1957 to call for the records
and set aside the order passed in Crl.M.P.No.2030 of 2022 by the learned
Principal District and Sessions Judge, Nagapattinam, in Cr.No.1290 of 2020
on the file of th respondent dated 21.07.2022 and direct the respondent to
release the lorry bearing registration No.TN 51 K 3884 and allow this
criminal appeal.
For Appellant : Mr.J.Jawahar
For Respondent : Mr.S.Sugendran
Additional Public Prosecutor
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https://www.mhc.tn.gov.in/judis
Crl.A.No.988 of 2022
JUDGMENT
The criminal appeal has been aggrieved against the order of dismissal of petition under Section 451 and 457 of Cr.P.C. filed by the appellant seeking return of vehicle, passed by the learned Principal District and Sessions Judge, Nagapattinam in Crl.M.P.No.2030 of 2022.
2 The respondent police registered a case in Cr.No.1290 of 2020 and seized the vehicle bearing Reg.No.TN 51 K 3884, which was used for illegal sand mining. The appellant herein has filed a petition under Section 451 and 457 of Cr.P.C. in Crl.M.P.No.2030 of 2020 before the learned Principal District and Sessions Judge, Nagapattinam, claiming ownership of the vehicle, sought to return the vehicle. The learned Judge, by order dated 21.07.2022 dismissed the petition, against which, present appeal has been filed by the appellant.
3 According to learned counsel appearing for the appellant, false case has been registered and the vehicle is being exposed to rain and sun. Therefore, the appellant seeks return of vehicle and he is ready to surrender the vehicle as and when the same is required for https://www.mhc.tn.gov.in/judis Crl.A.No.988 of 2022 trial.
4 The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this investigation completed and charge has also been filed and the same is taken on file by the learned District Judge, Nagapattinam, in Spl.C.C.No.44 of 2022. Therefore, at this stage, the vehicle cannot be released and this appeal is liable to be dismissed.
5 Heard the learned counsel appearing on either side and perused the materials available on record.
6 It is represented that the case was taken on file in Spl.C.C.No.44 of 2022 and is pending for trial. At this stage, this Court is not inclined to release the vehicle. However, the trial Court is directed to dispose of the case in Spl.C.C.No.44 of 2022 within a period of two months from the date of receipt of a copy of this order https://www.mhc.tn.gov.in/judis Crl.A.No.988 of 2022 and the learned Judge is also directed to pass property order in accordance with law.
7 With the above directions, this criminal appeal stands disposed of.
05.09.2022
Index : Yes/No
cgi
To
1. The Principal District and Sessions Judge, Nagapattinam.
2. The Inspector of Police, Seerkazhi Police Station, Mayiladuthurai District.
3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis Crl.A.No.988 of 2022 P.VELMURUGAN, J., cgi Crl.A.No.988 of 2022 05.09.2022 https://www.mhc.tn.gov.in/judis