JUDGMENT

(Prayer:Criminal Revision Case filed under section 397 r/w.401 Cr.P.C. to set aside the order passed by the learned Judicial Magistrate No.I, Ulundurpet in C.M.P.No.1742 of 2023 dated 05.04.2023 and subsequently grant custody of vehicle Ashok Leyland Tipper Lorry bearing Regn.No.TN 59 AA 7882.)

1. This Criminal Revision case has been filed challenging the order of dismissal dated 05.04.2023 passed by the Judicial Magistrate No.I, Ulundurpet in C.M.P.No.1742 of 2023 seeking interim custody of the vehicle viz.,Ashok Leyland Tipper Lorry bearing Regn.No.TN 59 AA 7882 to the petitioner.

2. The fact of the case is that the petitioner is the owner of the Ashok Leyland Tipper Lorry bearing Regn.No.TN 59 AA 7882. The respondent police has registered a case in Cr.No.114/2023 against the driver of the above said vehicle for the offence under section 379 of IPC alleging that the driver of the vehicle was indulged in illegal transportation of one unit of pebble stones without valid permit. Pursuant to which, the vehicle was seized alleging that the vehicle has been engaged in illegal transportation of pebble stones. Since the petitioner is the owner of the vehicle, he filed a petition in