O R D E R

This criminal revision is preferred against the order of dismissal of petition filed under Section 451 of Cr.P.C. by the petitioner seeking return of vehicle.

2 The respondent police registered a case in Cr.No.56 of 2021 and seized the vehicle of the petitioner bearing Reg.No.TN-24-AK-0455, which was used for illegal sand mining. The petitioner herein has filed a petition under Section 451 of Cr.P.C. in Crl.M.P.No.1554 of 2021 before the learned Principal District and Sessions Judge, Krishnagiri, and sought return of vehicle. The learned Judge, by order dated 01.09.2021 dismissed the petition, against which, present criminal revision has been filed.

3 According to learned counsel appearing for the petitioner the vehicle was kept in the residence of the petitioner and the respondent police seized the vehicle from his residence and not as alleged by the prosecution.

Further, the vehicle is kept in a open place and exposed to rain and sun.

Therefore, the appellant seeks return of vehicle.

4 The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this case investigation completed and charge has also been filed on 20.06.2021 and the same is yet to be taken on file. Further, the same vehicle has been involved in the case in Cr.No.573 of 2020 registered for the similar offence and on a petition filed by the petitioner under Section 451 Cr.P.C. in Crl.M.P.No.1814 of 2020, the Court below released the vehicle on 23.09.2020. Now, in the ground case, the same vehicle has been involved in the similar offence. Therefore, the Court below has rightly rejected the petition and this criminal revision is liable to be dismissed.

5 Heard the learned counsel appearing on either side and perused the materials available on record.

6 It is seen that the Court below while dismissing the petition filed by the petitioner under Section 451 of Cr.P.C. has observed that the vehicle was already involved in the similar offence and was released on a petition filed under Section 451 Cr.P.C by the petitioner. Further now investigation completed and charge sheet has also been filed before the learned Principal District and Sessions Judge, Krishnagiri, and the same is yet to be taken on file.

7 In view of the above reasons, this Court is not inclined to release the vehicle. Accordingly, this criminal revision case stands dismissed.

06.09.2022 Index : Yes/No Internet: Yes/No Speaking Order/Non Speaking Order cgi To

1.The Principal District and Sessions Judge, Krishnagiri.

2. The Inspector of Police,Veppanpalli Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

P.VELMURUGAN, J., cgi

06.09.2022