The High Court dismissed a criminal revision petition seeking the return of a bullock cart seized during an investigation into sand theft. The Court held that since the investigation was pending and no charge sheet had been filed, the vehicle could not be released.
The petition seeking return of the bullock cart was dismissed; the criminal revision case was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.No.1259 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1259 of 2020
Balachandar ... Petitioner ..vs.. State by The Inspector of Police, Anaikkaranchathiram Police Station, Nagapattinam District. (Crime No.57 of 2020) ... Respondent
Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the order passed in Crl.M.P.No.1624 of 2020 on the file of the learned District and Sessions Judge, Nagapattinam dated 30.06.2020.
For Petitioner : Mr.M.Vijaya Ragavan For Respondent : Mr.A.Madhan Government Advocate (Crl.Side)
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Crl.R.C.No.1259 of 2020
O R D E R
The respondent police registered a case in Cr.No.57 of 2020
against the petitioner for the offence under Sections 379, 430 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and seized the Bullock Cart. The petitioner has filed a petition
before the Court below under Section 451 r/w 457 of Cr.P.C. for return of Bullock cart, which was dismissed by the Court below, against which
the petitioner is before this Court with the present Criminal Revision Case.
stated by the prosecution. Hence, he seeks return of Bullock Cart.
3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that investigation has not yet been
completed and charge sheet has also not been filed and hence the vehicle
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Crl.R.C.No.1259 of 2020
in question cannot be released at this stage.
4.Heard the learned counsel appearing on either side and perused
the materials available on record.
5.It is seen that in the present case, investigation is pending and
charge sheet has not yet been filed. This Court time and again gave a
direction that stringent action should be taken in the case of theft of sand.
Hence, this Court is not inclined to grant the relief sought for by the
petitioner in this Criminal Revision Case.
6.Accordingly, this Criminal Revision Case is dismissed.
04.01.2021
Index : Yes/No
Speaking Order/Non Speaking Order
ms
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Crl.R.C.No.1259 of 2020
P.VELMURUGAN, J.
ms
To
1.The District and Sessions Judge,
Nagapattinam.
2.The Inspector of Police,
Anaikkaranchathiram Police Station,
Nagapattinam District.
3. The Public Prosecutor,
High Court, Madras.
Crl. R.C.No.1259 of 2020
04.01.2021
Page No.4/4
2 issues framed by the court
Whether the impounded bullock cart can be released before the investigation is completed and the charge sheet is filed.
Whether the petition for return of the bullock cart should be allowed given the pending investigation into sand theft.
2 provisions across 1 enactments
Balachandar
State by The Inspector of Police, Anaikkaranchathiram Police Station, Nagapattinam District
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
