SHARNABASAPPA S/O IRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Cr.P.C. by the petitioner-owner of Temporary Reg.No.KA- 32/TP-021219/2014-15, Engine No.431024STK16704 Chassis No.WXCL40622106895 and trailer praying to set aside the order dated 14.10.2016 passed by the learned JMFC Court, Jewargi in Crime No.255/2016 and also consequently to set aside the order passed in Crl.R.P.No.157/2016 dated 14.11.2016 and to release the aforesaid vehicle in his favour.

(2.) The brief facts are that; on 06.01.2016 at about 5.00 a.m. the respondent-police received a credible information that some person are transporting the sand from Naribol to Jewargi. Immediately, the complainant secured his official staff and two panch witnesses and went towards Vijaypura road near cotton mill, he saw five tractors and trailers were coming with loaded sand. Immediately, he stopped the said tractors and the drivers of the said tractors by stopping the tractor ran away from the spot and the complainant seized the tractors and trailers. In this regard, a case in Crime No.250/2016 came to be registered.

(3.) Initially, the petitioner by contending that he is the owner of the said vehicle in question, filed an application under Section 457 of Cr.P.C. before the JMFC Court, Jewargi, praying to release the vehicle in his favour. But, the said application came to be rejected by order dated 14.10.2015. Being aggrieved by the said order, the petitioner preferred Criminal Revision Petition No.157/2016 before the Sessions Judge. The learned Sessions Judge by order dated 14.11.2016 allowed the petition partly and in so far as the vehicle in respect of present petitioner came to be rejected. Being aggrieved by the said order, the present petitioner is before this Court through his Special Power of Attorney.