Madras High Court
Preethi vs The State Represented By on 5 September, 2022
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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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
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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
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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.,
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Crl.A.No.988 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
