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    CRP Vellaisamy - Criminal Miscellaneous Petition

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    mailtoshruthikumar

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    CRP Vellaisamy - Criminal Miscellaneous Petition

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    mailtoshruthikumar
    14 views7 pages

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    14 views7 pages

    CRP Vellaisamy - Criminal Miscellaneous Petition

    Uploaded by

    mailtoshruthikumar

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    IN THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS

    JUDGE OF ERODE

    C.M.P No /2023
    C R P No. /2023

    In the matter of revision against the orders passed by the learned Judicial
    Magistrate No II, Gobichettipalayam in CMP 3990/2023
    dt 11.09.2023

    Nanjappan (54),
    S/o Arumugam
    ….. Revision Petitioner/ Petitioner /
    2nd Accused/ Owner of the Vehicle
    -Vs-
    State by Sub Inspector of Police,
    Kadathur PS,
    Cr No 288/2023
    …. Respondent/Respondent/Complainant

    CRIMINAL REVISION PETITION FILED UNDER 397 AND 399 OF


    Cr.P.C AGAINST THE ORDERS PASSED BY THE LEARNED
    JUDICIAL MAGISTRATE NO II, GOBICHETTIPALAYAM IN
    C M P No. 3990/2023 dt 11.09.2023

    Revision Petitioner:
    Nanjappan aged about 54 years, S/o. Arumugam, residing at 86, Nehru
    Nagar West Street, Sathyamangalam Tk, Erode Dt.
    Address for service of the above revision petitioner is as above and the care of
    M Dhanraj, B.A., B.L.,
    M Mathiyazhagan, B.A., B.L.,
    R Arulkumar, B.A.,. L.L.B,
    S Poojith Venkatesan, B.A., L.L.B.,
    Advocates,
    15, Tiruveni Nagar, Sengodampalayam,
    Thindal PO, Erode – 638 012

    Respondent:
    State by Inspector of Police, Kadathur PS in Cr No 288/2023 u/s 379 of IPC
    r/w 21(1) of Mines and Minerals (Development & Regulation) Act 1957.
    The address for service of the above respondent is as above.

    The revision petitioner begs to submit that he prefers the following


    grounds of revision as against the order of the learned Judicial Magistrate No
    II, Bhavani in a petition filed u/s 457, of Cr P C in CMP No 3990/2023 seeking
    interim custody of vehicle TN 63 AB 7448 Ashok Leyland 1616 KL Tipper
    HG Tip.seized by the respondents in the above crime number 288/2023. The
    learned Judicial Magistrate No II, Gobichettipalayam had dismissed the
    petition on 11.09.2023.
    The said vehicle was seized in connection with the above offence.
    Aggrieved by the said order the revision petitioner is filing the revision
    petition praying for modification of the order of lower court on the following
    among other grounds
    Grounds of Appeal
    1. The petitioner is the owner of the vehicle. The case of the respondent is
    that the vehicle was used by for transportation of sand without
    appropriate permissions. The vehicle was seized by the respondents and
    taken on judicial custody in PR No 397/2023.

    2. The petitioner submits that his vehicle was not involved in the offence
    and was falsely implicated in the present case. The petitioner is in no
    way connected with the offence. The Lower court has grossly ignored
    the above contention of the revision petitioner.

    3. The petitioner uses his vehicle for her business of letting the vehicle on
    hire for agricultural and other purposes.
    4. The lower court has denied the interim custody to the petitioner for the
    reason that the offence is of nature to be decided upon by a sessions
    court as per decision of Hon’ble High Court of Madras in WP (MD No
    19936/2017). The same is not justified considering the fact that the said
    judgement is not applicable as no private complaint is filed by the
    complainant as per decision of Hon’ble High Court of Madras in WP
    (MD) No 12285/2021 dt 22.07.2021.

    5. The entire investigation in the case is over and the petitioner undertakes
    not to make any material alteration to the vehicle.

    6. The vehicle is the sole means of livelihood of the petitioner. The


    petitioner was using the vehicle for her business and would be put to
    irreparable loss and hardship if the custody of the vehicle is denied to
    him.

    7. The petitioner also apprehends that the condition of the vehicle will
    deteriorate if the same remains in custody of the respondent and remains
    unused and exposed to elements.

    8. Hence the petitioner most humbly begs that the interim custody of the
    vehicle may be given to them..

    9. Therefore the revision petitioner herein most humbly prays that this
    Hon’ble Court may be pleased to allow the revision petition and to set
    aside the order passed by the JM II, Gobichettipalayam, in CMP No
    3990/2023 on 11.09.2023 to grant the interim custody of the vehicle TN
    63 AB 7448 Ashok Leyland 1616 KL Tipper HG Tip Lorry in favour of
    the revision petitioner and pass such other suitable orders and render
    justice.

    Revision Petitioner
    Advocate for Revision Petitioner
    List of Documents
    1. 11.09.2023: Certified copy of order in CMP No 3990/2023 of JM II,
    Gobichettipalayam.
    2. Copy of RC Book of the vehicle.
    IN THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS
    JUDGE OF ERODE
    C R P No. /2023

    Nanjappan (54),
    S/o Arumugam
    ….. Revision Petitioner/ Petitioner /
    2nd Accused/ Owner of the Vehicle
    -Vs-
    State by Sub Inspector of Police,
    Kadathur PS,
    Cr No 288/2023
    …. Respondent/Respondent/Complainant

    AFFIDAVIT FILED BY THE REVISION PETITIONER

    I, Nanjappan aged about 54 years, S/o. Arumugam, residing at 86, Nehru


    Nagar West St, Sathyamangalam Tk, Erode Dt.
    1. I am the petitioner herein and I had filed the revision petition against the
    order of the learned Judicial Magistrate No:2, Gobichettipalayam in a
    petition filed u/s 457, of Cr P C in CMP No 3990/2023.
    2. I had filed the above petition seeking interim custody of vehicle TN 63
    AB 7448 Ashok Leyland 1616 KL Tipper HG Tip Lorry seized and
    presently in judicial custody in connection with the above Cr No
    288/2023 filed by the respondents.
    3. I am the owner of the vehicle. My vehicle is falsely implicated in the
    commission of offence.
    4. The petition above mentioned was dismissed by the Judicial Magistrate
    No:2 Gobichettipalayam on 11.09.2023 due to lack of jurisdiction as per
    the decision of Hon’ble High Court of Madras in WP (MD No 19936/2017).
    5. I will be put to irreparable loss and hardship if I am not allowed interim
    custody of the vehicle. I also apprehend that the condition of the vehicle
    will deteriorate if the same is exposed to elements in the custody of the
    complainant.
    6. I depend on the vehicle for my livelihood and I would be put to much
    hardship without the custody of the vehicle.
    7. I therefore most humbly pray that this Hon’ble Court may be pleased to
    allow the revision petition and allow the petition for interim custody of
    the vehicle above mentioned in CMP No 3990/2023 and pass such other
    suitable orders and render justice.

    Solemnly affirmed and signed before me on this 02.12.2023

    Advocate
    IN THE COURT OF THE
    PRINCIPAL DISTRICT AND
    SESSIONS JUDGE OF ERODE
    C.M.P No /2023
    C R P No. /2023

    Nanjappan (54),
    S/o Arumugam
    ….. Revision Petitioner/ Petitioner /
    2nd Accused/ Owner of the Vehicle
    -Vs-
    State by Sub Inspector of Police,
    Kadathur PS,
    Cr No 288/2023
    …. Respondent/
    Respondent/Complainant

    CRIMINAL REVISION PETITION


    FILED UNDER 397 AND 399 OF
    Cr.P.C AGAINST THE ORDERS
    PASSED BY THE LEARNED
    JUDICIAL MAGISTRATE NO II,
    GOBICHETTIPALAYAM IN CMP
    No. 3990/2023 dt 11.09.2023

    Pre on. 02.12.2023.

    Address For Service:


    M.Dhanraj, B.A., B.L.,
    (MS No 50/2002)
    M Mathiyazhagan, B.A., B.L.,
    R Arulkumar, B.A., L.L.B
    S Poojith Venkatesan, B.A., L.L.B.,
    Advocates,
    15, Tiruveni Nagar,
    Thindal PO, Erode – 638 012
    Ph: 9443071979
    IN THE COURT OF THE
    PRINCIPAL DISTRICT AND
    SESSIONS JUDGE OF ERODE

    C R P No. /2023

    Nanjappan (54),
    S/o Arumugam
    ….. Revision Petitioner/ Petitioner /
    2nd Accused/ Owner of the Vehicle

    -Vs-

    State by Sub Inspector of Police,


    Kadathur PS,
    Cr No 288/2023
    …. Respondent/
    Respondent/Complainant

    AFFIDAVIT FILED BY THE


    REVISION PETITIONER

    Pre on. 02.12.2023

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