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2025 DAILYLAW 80345 (MAD)

NANDHINI v. THE STATE REP BY

CRL RC/1457/2024 · 2025-08-05

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C.No.1457 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.08.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1457 of 2024 Nandhini ... Petitioner Vs The State Rep By The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District. (Cr.No.330 of 2024) ... Respondent PRAYER: Criminal Revision Case is filed under Sections 438 read with 442 of BNSS, 2023, to set aside the order dated 06.08.2024 made in Crl.M.P.No.4522 of 2024 on the file of the Judicial Magistrate at Sriperumbudur, Kancheepuram District, dismissing the petitioner to return the vehicle viz Tipper Lorry (TATA MOTORS Ltd), bearing Registration No.TN 23 CQ 2682 to the petitioner herein. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.side) ORDER This Criminal Revision has been filed challenging the order dated 06.08.2024 made in Crl.M.P.No.4522 of 2024 passed by the Judicial Magistrate at Sriperumbudur, Kancheepuram District, thereby dismissing the petition filed https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 for return of property. 2. Heard the learned counsel appearing on either side and perused the materials placed on record. 3. The petitioner owned a TATA Motors Tipper Lorry bearing Registration No.TN 23 CQ 2682. It was hired by the accused to transport savudu sand weighing three units. The accused illegally transported the same without any valid permit and as such, the respondent registered FIR in Crime No.330 of 2024 for the offence punishable under Sections 430 and 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. 4. Pursuant to the registration of FIR, the vehicle has been seized and produced before the Court. She filed a petition for return of property and the same was dismissed. 5. Considering the facts and circumstances of the case, this Court is inclined to return the vehicle. Accordingly, the order dated 06.08.2024 made in Crl.M.P.No.4522 of 2024 passed by the Judicial Magistrate at Sriperumbudur, https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 Kancheepuram District, is hereby set aside. The Judicial Magistrate at Sriperumbudur, Kancheepuram District, is directed to return the TATA Motors Tipper Lorry bearing Registration No.TN 23 CQ 2682 to the petitioner, forthwith on the following conditions:- (i) the petitioner is directed to execute a own bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) to the satisfaction of the concerned Magistrate to the credit of Crime No.330 of 2024 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 3 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 6. Accordingly, the Criminal Revision Case stands allowed. 05.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 To 1. The Judicial Magistrate at Sriperumbudur, Kancheepuram District. 2. The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District. 3. The Public Prosecutor, High Court, Madras. Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 G.K.ILANTHIRAIYAN. J, mn Crl.R.C.No.1457 of 2024 05.08.2025 Crl.R.C.No.1457 of 2024 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 G.K.ILANTHIRAIYAN, J. Today, this matter has been listed under the caption “For being mentioned” at the instance of the learned counsel for the petitioner. 2. This Court perused the order of this Court dated 05.08.2025 in Crl.R.C.No.1457 of 2024 and there being no ambiguity in the said order, this Court is of the view that no further order is required in this case and the order of this Court dated 05.08.2025 shall stand remain. 26.08.2025 mn G.K.ILANTHIRAIYAN, J. https://www.mhc.tn.gov.in/judis Crl.R.C.No.1457 of 2024 mn Crl.R.C.No.1457 of 2024 26.08.2025 https://www.mhc.tn.gov.in/judis