Allowed

Raja Kumar v. The Inspector of Police

Madras HC24 Jul 2024CRL RC(MD)/707/2024

Case brief

AI extract

What is this about?

The Court allowed a criminal revision petition to set aside an order dismissing a petition for the return of a seized motor vehicle. The petitioner was required to deposit money and execute a bond under specified conditions, directing the Magistrate to release the vehicle forthwith while initiating confiscation proceedings promptly.

What did the court decide?

Order dated 01.04.2024 in Crl.M.P.No.3049 of 2024 set aside; vehicle to be released forthwith on conditions including deposit of Rs.30,000/- and execution of bond.

Raja Kumar Vs The Inspector of Police — Property and Title | Madras HC (2024)

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Crl.R.C(MD)No.707 of 2024

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THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 24.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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Crl.R.C(MD)No.707 of 2024

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Raja Kumar

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...Petitioner

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The Inspector of Police, Arumanai Police Station, Kanyakumari District. (Crime No.208 of 2023)

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... Respondent

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PRAYER: Criminal Revision Petition has been filed under Section 438 r/w 442 of BNSS, 2023, to call for the records pertaining to Crl.M.P.No.3049 of 2024 in C.C.No.84 of 2024 dated 01.04.2024 on the file of the learned Judicial Magistrate No.I, Kuzhithurai and set aside the same by allowing this revision petition.

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For Petitioner : Mr.G.Aravinthan For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.R.C(MD)No.707 of 2024

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ORDER

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The Criminal Revision Case has been filed to call for the records pertaining to Crl.M.P.No.3049 of 2024 in C.C.No.84 of 2024 dated 01.04.2024 on the file of the learned Judicial Magistrate No.I, Kuzhithurai and set aside the same by allowing this revision petition.

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The petitioner claims to be the owner of the TATA Tipper Tempo bearing Reg.No.TN-74-AS-5691. On 04.12.2023, information received by the Village Administrative Officer, the respondent police visited land in S.No.470 belongs to one Thangaraj and they found that the rock was broken by using compressor and the stones have loaded into a TATA Tipper Lorry bearing Reg.No.TN 74 AS 5691 without permission. Thereafter, the respondent police have registered a case in Crime No.208 of 2023 for the offences under Section 379 I.P.C.

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It is not in dispute that the petitioner has approached the learned Judicial Magistrate No.I, Kuzhithurai, for returning of the said vehicle in Crl.M.P.No.3049 of 2024 and the learned Judicial Magistrate No.I, Kuzhithurai, vide order dated 01.04.2024, has dismissed the petition on the ground that the

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Crl.R.C(MD)No.707 of 2024

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petitioner has not produced any transmit pass. Challenging the same, the above Criminal Revision came to be filed before this Court.

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The learned counsel appearing for the petitioner would submit that the

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petitioner in an innocent and he is no way connected with the offences alleged against the petitioner and the vehicle was never involved in any illegal activity and the respondent police without verifying the same has foisted the above false case. He would further submit that the petitioner's family is depending upon the income deprived from the above said vehicle.

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Heard, the learned Government Advocate (Criminal Side) appearing for the respondent police.

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This Court considered the rival submissions and also perused the records and the impugned order.

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In this case, the vehicle was seized on 04.12.2023. Till date, the confiscation proceeding has not been initiated. The vehicle is keeping in the open place. Further, if the vehicle is kept in open place exposing to sun and rain,

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Crl.R.C(MD)No.707 of 2024

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the value of the vehicle will be deteriorated. Considering the over all circumstances of the case, this Court is inclined to allow the revision by following the principle of law laid down by the Honourable Supreme Court, in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002 (10) SCC 283.

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Accordingly, this Criminal Revision Petition is allowed and the order dated 01.04.2024 in Crl.M.P.No.3049 of 2024 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, is hereby set aside and the learned Judicial Magistrate No.I, Kuzhithurai, is directed to release the vehicle of the petitioner forthwith on the following conditions:-

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(i) the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) as nonrefundable for the vehicle to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Virudhunagar District, Account No.: 30700985498, State Bank of India, Tiruchuli, IFSC Code: SBIN0003832 on or before 07.08.2024, otherwise the impugned order shall stand restored ;

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(ii) on such deposit the petitioner shall execute a bond to the value of the vehicle mentioned in the insurance

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Crl.R.C(MD)No.707 of 2024

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certificate existed on the date of occurrence before the learned Judicial Magistrate No.I, Kuzhithurai;

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(iii) The petitioner shall file an affidavit with specific undertaking that they shall not involve in any illegal mining or any other offence and vehicle also will not be used in the illegal mining or any other offence;

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(iv) The photograph of the vehicles is to be taken properly and the petitioner shall produce their vehicles as and when required by the Courts below;

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(v) The petitioner shall not alienate the vehicle till the disposal of confiscation proceeding;

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(vi) The investigating agency shall initiate the confiscation proceedings within a period of 10 days from the date of receipt of a copy of this order before the Courts below and the Courts below shall dispose the same within a period of six months thereafter; and

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(vii) The petitioner shall co-operate with the trial Court to complete the confiscation proceedings.

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Post the matter on 08.08.2024 for compliance.

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23.07.2024

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NCC : Yes/No Index : Yes/No Internet: Yes/No tta Note: Issue Order Copy on 01.08.2024

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https://www.mhc.tn.gov.in/judis

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Crl.R.C(MD)No.707 of 2024

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1.The learned Judicial Magistrate No.I, Kuzhithurai

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2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

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Crl.R.C(MD)No.707 of 2024

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K.K.RAMAKRISHNAN, J.

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tta

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Crl.R.C.(MD)No.707 of 2024

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23.07.2024

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Raja Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Raja Kumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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