S.ELUMALAI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the accused against the dismissal of his petition filed under Section 451 of Cr.P.C. in Crl.MP.No.4960 of 2019 on the file of the Principal District and Sessions Judge, Vellore dated 05.11.2019.

(2.) The learned counsel for the petitioner has submitted that the respondent has seized the petitioner's van bearing Regn.No.TN-73-AB-3835 on 17.05.2019 in Crime No.132 of 2019 under Sections 379 and 430 of IPC and produced the same before the Judicial Magistrate No.1, Walajapet and the same was remanded in CP.No.117 of 2019. He further submitted that the petitioner has filed an application under Section 451 of Cr.P.C before the Principal District and Sessions Judge, Vellore (Special Courts constituted under Mines and Minerals Act) seeking interim custody of the said vehicle. He further submitted that the learned Special Judge by the order dated 05.11.2019 has dismissed the said petition stating that the Special Court was constituted as per the G.O (MS) No.298-HOME (Courts-II) Department dated 13.06.2019, whereas the FIR in the present case was registered on 17.05.2019 and hence, the said petition is not maintainable before the said Court. He further submitted that as per the aforesaid GO, the Courts of the Principal District Judges have been designated as Special Courts under the Mines and Minerals (Development and Regulation) Act, 1957. He further submitted that once, Special Courts are constituted, only the said Courts will have jurisdiction to deal with the applications filed for return of vehicles irrespective of the dates on which the FIRs were registered and therefore, he prayed to set aside the order passed by the Principal District and Sessions Judge, Vellore in Crl.MP.No.4960 of 2019 dated 05.11.2019 and to direct the said court to dispose of the said petition on merits.

(3.) The learned Government Advocate (Crl.Side) who is appearing for the respondent has fairly conceded that after constitution of Special Courts, only the said courts will have jurisdiction to deal with the applications filed for returning of vehicles irrespective of the dates on which the FIRs were registered.