STATE Vs. PRP EXPORTS

JUDGEMENT

(1.) Heard the learned State Public Prosecutor appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) It is not in dispute that the respondent firm and its partners have been accused of having indulged in illegal mining operations and that quite a few cases have been registered under the provisions of Mines and Minerals(Development and Regulation) Act 1957, Tamil Nadu Public Property (Prevention of Damage and Loss) Act and Explosive Substances Act. The respondent was a major granite quarry operator. During the course of investigation, as many as 5429 original title deeds belonging to the respondent were seized. To get them back, the respondent filed Crl.M.P. No.3286 of 2013. The prayer made by the respondent was countered by the petitioner herein. After hearing both sides, the learned Judicial Magistrate, Melur, by order dtd. 10/6/2013 allowed the petition and directed the petitioner herein to hand over the petition mentioned title deeds to the respondent herein on their executing a bond for a sum of Rs.50,00,000.00.

(3.) Questioning the same, the petitioner herein filed Crl.R.P.No.59 of 2013 before the learned Sessions Judge(I Additional District and Sessions Judge), Madurai. The learned Sessions Judge by order dtd. 8/11/2016 dismissed the same. Challenging the said order of dismissal passed by the Sessions Court, this criminal original petition has been filed under Sec. 482 of Cr.P.C.