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2021 Supreme(Mad) 1234

M.NIRMAL KUMAR
Ishwarya – Appellant
Versus
State rep. by its Inspector of Police, Vedaranyam Police Station, Nagapattinam – Respondent


Advocates Appeared:
For the Petitioner: Mr. Palanivel.
For the Respondent: Mr. Damodharan, Counsel for Government (Crl. Side).

ORDER :

This Criminal Revision Petition has been filed seeking to call for the records and set aside the order dated 11.01.2021 passed by the District and Sessions Judge, Nagapatinam, in Crl.M.P.No.119 of 2021 in Crime No. 561 of 2020 and to return the powertrac tractor with tipper bearing registration number TN51/F 7409, Chasis No. B 3141808 and Engine No. B 3156912 to the custody of the petitioner.

2. It is seen that in majority of the cases, either the case has been registered by the respondent Police based on the complaint given by the Revenue Authorities or by the officials of the Mines and Minerals Department, the case properties/vehicles are taken into custody. After registration of FIR, despite specific order of the Division Bench of the Madurai Bench of Madras High Court in Review Applications (MD) Nos.80 to 82 of 2019 in W.P.(MD) No.19936 of 2017, 7595 and 21485 of 2018 that the Police as well the authorized officers are directed to inform the registration of the case to each other within a week, the same is followed in breach. Due to which, there have been no complaint filed as per Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. The prosecution

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