Crl.R.C.No.876 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.06.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.876 of 2025 Shankar ..... Petitioner Vs The State Reptd. by its The Inspector of Police Kanjanur Police Station Villupuram District crime No.49 of 2025 ..... Respondent PRAYER: Criminal Revision Case is filed under Section 438 and 442 of BNSS Act, 2023, praying to set aside the order passed in Criminal Miscellaneous Petition No.538/2025 (criminal Miscellaneous Petition No.1416/2025(Offline) on the file of the learned District Munsif – cum – Judicial Magistrate, Vikravandi dated 03.06.2025 and grant interim custody of the Sonalika Tractor bearing Registration Number TN 31 BE 9732 in favour of the petitioner. For Petitioner : M/s.R.Raji For Respondent : Mr.A.Gopinath, Government Advocate(crl.side) https://www.mhc.tn.gov.in/judis Crl.R.C.No.876 of 2025 O R D E R This Criminal Revision Case has been filed praying to set aside the order passed in Criminal Miscellaneous Petition No.538 of 2025 (criminal Miscellaneous Petition No.1416/2025(Offline) on the file of the learned District Munsif – cum – Judicial Magistrate, Vikravandi dated 03.06.2025, thereby dismissed the petition filed for seeking to return the petitioner's property. 2. The petitioner purchased the tractor bearing registration No. TN 31 BE 9732 from the registered owner six months back from the date of the occurrence. However, the ownership has not yet been transferred in favour of the petitioner. While being so, on 24.03.2025, the vehicle was used for transporting rocks. At that time, the petitioner had used explosives to break raw rocks to clear a water chanel. During the accident, one piece of a rock hit the head of a female child, thereby she sustained grievous injuries, due to which subsequently the ten year old female child died. Initially, FIR was registered under Section 194 of BNSS Act and subsequently altered into Section 105 of BNSS/ 304 of IPC and Section 3(1) of Indian Explosives Act. In pursuant to the registration of FIR, the tractor owned by the petitioner was also seized and produced before the court below. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.876 of 2025 3. Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court. 4. It is the submission of the learned Government Advocate(crl.side) that the petitioner is not the owner. Though he purchased the tractor, the ownership is not in the name of the petitioner. On perusal or records, it is revealed that the petitioner used the vehicle to transport rock pieces which were coming out while exploding rocks. The land in which the rocks were broken not belongs to the petitioner. It is a water chanel. However, the vehicle was not used in exploding rocks and it was used only to transport the broken rocks. Unfortunately, while using explosives, one piece of a rock hit the deceased's head, due to which she died. Therefore, the vehicle is no way connected with the offence committed by the petitioner. As such, this Court is inclined to return the vehicle to the petitioner. 5. Accordingly, the order passed in Criminal Miscellaneous Petition No.538 of 2025 (criminal Miscellaneous Petition No.1416/2025(Offline) on the file of the learned District Munsif – cum – Judicial Magistrate, Vikravandi dated 03.06.2025, is hereby set aside. The learned District Munsif – cum – Judicial Magistrate, Vikravandi, is directed to return the vehicle - Sonalika https://www.mhc.tn.gov.in/judis Crl.R.C.No.876 of 2025 Tractor bearing Registration Number TN 31 BE 9732 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a own bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the concerned Magistrate to the credit of crime No.49 of 2025 pending on the file of the respondent police. (ii) the petitioner shall deposit the original registration certificate of the vehicle with the concerned Magistrate. (iii) the seized item should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner. (iv) the petitioner shall not alienate and shall not make any alteration in the vehicle. (v) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled. Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.876 of 2025 6. Accordingly, the Criminal Revision Case stands allowed. 25.06.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok https://www.mhc.tn.gov.in/judis Crl.R.C.No.876 of 2025 G.K.ILANTHIRAIYAN, J. lok To 1.The learned District Munsif – cum – Judicial Magistrate, Vikravandi 2.The Inspector of Police Kanjanur Police Station Villupuram District 3. The Public Prosecutor, High Court, Madras. Crl.R.C.No.876 of 2025 25.06.2025 https://www.mhc.tn.gov.in/judis