VITHOBA SHANTAPPA PRACHANDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- owner of Tractor bearing Reg.No.KA-28-NT-019388/2016-17 bearing Chassis No. 1PY5036DVGA000579 and Engine No. PY3029D404360, praying this Court to issue writ of certiorari or any other writ by setting aside the order passed by the Prl. District and Sessions Judge, Vijayapura in Cri.Rev.Petn.No.45/2017, dated 7.3.2017 consequently to be set aside the order dated 16.2. 2017 passed by the learned JMFC, Indi in its Crime No. 09/2017 for having rejecting the application filed by the petitioner under Sec. 457 of Cr.P.C.

(2.) The brief facts are that on 14.01.2017 on credible information respondent-police went to the spot and intercepted the Tractor, which was temporarily registered with No. 28-NTO19388/2016-17 and Engine No. PY3029D 404360 Trailer Chassis No. 0005-2016. The complainant noticed petitioners were transporting the sand in the said tractor without there being any permit or licence. The same has been seized and a case has been registered in Crime No. 09/2017 by India Police. Petitioner filed an application under Sec. 457 of Cr.P.C and after considering the application and objection filed by the learned Assistance Public Prosecutor, by order, dated 16.2.2017, the learned J.M.F.C rejected the said application. Being aggrieved by the said order petitioner preferred Criminal Rev. P. No. 45/2017 before the Prl. Sessions Judge/ Special Judge, Viajaypur and after hearing the matter, learned Sessions Judge by order dated 7.3.2017 dismissed the petition. Being aggrieved by the said order, the petitioner is before this Court.

(3.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State.