Ramesh Vs The State by — Madras HC (2025) — LawSathi Research

Ramesh Vs The State by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision dismissed; trial court directed to complete the trial within three months and, subject to the findings at the end of the trial, to return the vehicle either in favour of the petitioner or in favour of the accused.

Issue for consideration

Whether the order dated 19.10.2022 in Crl.MP.No.1998 of 2022 on the file of the Judicial Magistrate, Pappireddipatti, dismissing the petition for return of the trailer, should be set aside and the respondent police directed to return the petitioner's vehicle trailer.

Court's answer

The Judicial Magistrate, Pappireddipatti rightly dismissed the petition for return of the trailer, because the trailer had been seized in crime No.361 of 2022 and handed over to the Judicial Magistrate Court, Omalur in CP.No.113 of 2022, i.e., the property was in the custody of another court; consequently the criminal revision case was liable to be dismissed.

Ratio / Principle

The criminal revision case is dismissed; however, the trial court is directed to complete the trial within a period of three months from the date of receipt of the order, and, subject to the findings at the end of the trial, to return the vehicle either in favour of the petitioner or in favour of the accused.

Detailed headnote1 paragraphs

Criminal Revision (Ss.397 & 401 Cr.P.C.) against the order dated 19.10.2022 in Crl.MP.No.1998 of 2022 (Judicial Magistrate, Pappireddipatti) dismissing the petitioner's prayer for return of a trailer connected with crime No.119 of 2022 (Pappireddipatti Police Station, Dharmapuri District). Held: the trailer sought by the petitioner had been seized in crime No.361 of 2022, registered for offences under Sections 447, 431, 434, 353, 506(i) of IPC r/w 3(2) PPDL Act & 3 of Explosive Substance Act, 1908, and had been handed over to the Judicial Magistrate Court, Omalur in CP.No.113 of 2022; since the property was in the custody of another court, the Magistrate rightly dismissed the return petition. The revision case was accordingly dismissed, with directions to the trial court to complete the trial within three months and, subject to the findings at the end of the trial, to return the vehicle either to the petitioner or to the accused. (G.K. Ilanthiraiyan, J.; decided 14.07.2025.)

Crl.RC.No.1037 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.RC.No.1037 of 2025

Ramesh ... Petitioner Vs. 1.The State by Inspector of Police, Pappireddipatti Police Station, Dharmapuri District crime No.119 of 2022 2.Krishanan 3.Anbu .. Respondents

PRAYER: Criminal Revision Case filed under Sections 397 & 401 of Cr.P.C., praying to set aside the order dated 19.10.2022 made in Crl.MP.No.1998 of 2022 on the file of the Judicial Magistrate, Pappireddipatti and consequently direct the respondent police to return the petitioner vehicle trailer by allowing this criminal revision petition.

For Petitioner : Mr.J.Pradeep For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

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For R2 : Mr.D.Shivakumaran

O R D E R

Crl.RC.No.1037 of 2025

This criminal revision case has been preferred against the

order dated 19.10.2022 passed in Crl.MP.No.1998 of 2022 on the file of the Judicial Magistrate, Pappireddipatti, thereby dismissing the petition filed for seeking to return a trailer,

2 . Heard, the learned counsel for the petitioner, the second

respondent, the learned Government Advocate(crl.side) appearing for the first respondent and perused, all the materials placed before this Court.

3 . On perusal of the records, it is revealed that the petitioner

prayed to return a trailer in respect of crime No.119 of 2022 on the file of the Inspector of Police, Pappireddipatti Police Station. However, the trailer sought for by the petitioner has been seized in crime No.361 of 2022 registered for the offences under Sections 447, 431, 434, 353, 506(i) of IPC r/w 3(2) PPDL Act & 3 of Explosive Substance Act, 1908 and handed over to Judicial Magistrate Court, Omalur in CP.No.113 of 2022. Therefore, the learned Judicial Magistrate, Pappireddipatti rightly

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Crl.RC.No.1037 of 2025

dismissed the petition stating that the property was in the custody of another court. As such, this criminal revision case is liable to be dismissed.

4 . Accordingly, this criminal revision case is dismissed. However, the trial court is directed to complete the trial within a period of three months from the date of receipt of this order. Further, subject to the findings at the end of the trial, the trial court is directed to return the vehicle either in favour of the petitioner or in favour of the accused.

14.07.2025

Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok

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Crl.RC.No.1037 of 2025

G.K.ILANTHIRAIYAN, J. lok

To

Judicial Magistrate, Pappireddipatti 2.Judicial Magistrate Court, Omalur

3.Inspector of Police, Pappireddipatti Police Station, Dharmapuri District 4.The Public Prosecutor, High Court of Madras

Crl.RC.No.1037 of 2025

14.07.2025

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