Madras High Court
Arul @ Arul Muvendhan vs State Rep. By Its on 6 September, 2022
Crl.R.C.No.1301 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1301 of 2022
Arul @ Arul Muvendhan ... Petitioner
Vs.
State rep. by its
The Inspector of Police
Sikazhi Police Station
Nagapattinam District
(Crime No.1241 of 2020) ... Respondent
Criminal Revision Case filed under Section 397 and 401 of Criminal
Procedure Code, praying to call for the records relating to the orders made
in Crl.M.P.No.666 of 2022 vide order dated 21.03.2022 on the file of the
learned Principal Session Judge, Nagapattinam and set aside the same and
allow the application of the petitioner for interim custody.
For Petitioner : Mr.T.M.Ramalingam for
Mr.Om Sai Ram
For Respondent : Mr.S.Sugendran
Additional Public Prosecutor
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Crl.R.C.No.1301 of 2022
ORDER
This Criminal Revision Case has been filed challenging the order in
Crl.M.P.No.666 of 2022 dated 21.03.2022 passed by the learned Principal
Sessions Judge, Nagapattinam, dismissing the application filed for return
of vehicle.
2. It is the case of the petitioner that the petitioner is the owner
of the Tipper Lorry bearing registration No.TN37 AU 8464. The
respondent police registered a case in Crime No.1241 of 2020 for the
offences under Section 379 and 430 IPC, Section 21(1) Mines and
Minerals (Development and Regulation) Act as if, the said vehicle was
used for illegal sand mining and thereby, the said vehicle was seized by the
respondent police. Subsequently, the petitioner also arrayed as an accused.
During the pendency of the investigation, the petitioner filed an application
before the Principal Session Judge, Nagapattinam, in Crl.M.P.No.666 of
2022 under Sections 451 and 457 of Cr.P.C. for return of vehicle and the
learned Principal Sessions Judge, by order dated 21.03.2022, dismissed
the same. Challenging the said order, the petitioner has filed the present
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Crl.R.C.No.1301 of 2022
revision before this Court.
3. The learned counsel for the petitioner would submit that the
petitioner had no knowledge about the crime committed by his driver and
the petitioner has been falsely implicated in this case since he is the owner
of the vehicle. He would further submit that the order of rejecting to
release the vehicle would seriously affect the petitioner as the vehicle is
parked in the open area exposing to vagaries of weather and thereby the
value of the vehicle is diminishing day by day. Hence, he would pray that
the vehicle may be returned to the petitioner.
4. The learned Additional Public Prosecutor would submit that
already the investigation has been completed and the charge sheet has also
been filed and the same is taken on file in Spl.C.C.No.47 of 2022 on the
file of the Principal District and Sessions Judge, Nagapattinam and the
next hearing is on 07.11.2022.
5. Heard the learned counsel for the petitioner and the learned
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Crl.R.C.No.1301 of 2022
Additional Public Prosecutor appearing for the respondent police and
perused the materials on record.
6. A perusal of the record shows that 2½ units of sand has been
transported by using a Tipper lorry. Since no evidence was produced to
show that the petitioner has got permit or licence to transport the sand, the
vehicle was seized along with sand. This Court does not find any
perversity or infirmity in the order passed by the lower Court.
7. Further, now the investigation has been completed and the charge
sheet has also been filed and the same has been taken on file in
Spl.C.C.No.47 of 2022 on the file of the Principal District and Sessions
Judge, Nagapattinam.
8. Hence, the trial Court is directed to dispose of the case
Spl.C.C.No.47 of 2022 within a period of two months from the date of
receipt of a copy of this Order. The order in respect of the case property
may be passed at the time of passing the Judgment subject to the outcome
of the final Judgment.
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Crl.R.C.No.1301 of 2022
9. With the above directions, this Criminal Revision case is
dismissed.
06.09.2022
ksa-2
To
1. The Principal District and Sessions Judge,
Nagapattinam
2. The Inspector of Police
Sikazhi Police Station
Nagapattinam District
3.The Public Prosecutor,
High Court, Madras.
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Crl.R.C.No.1301 of 2022
P.VELMURUGAN, J.
ksa-2
Crl.R.C.No.1301 of 2022
06.09.2022
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