PREETHI Vs. STATE

JUDGEMENT

(1.) The criminal appeal has been aggrieved against the order of dismissal of petition under Sec. 451 and 457 of Cr.P.C. filed by the appellant seeking return of vehicle, passed by the learned Principal District and Sessions Judge, Nagapattinam in Crl.M.P.No.2030 of 2022.

(2.) The respondent police registered a case in Cr.No.1290 of 2020 and seized the vehicle bearing Reg.No.TN 51 K 3884, which was used for illegal sand mining. The appellant herein has filed a petition under Sec. 451 and 457 of Cr.P.C. in Crl.M.P.No.2030 of 2020 before the learned Principal District and Sessions Judge, Nagapattinam, claiming ownership of the vehicle, sought to return the vehicle. The learned Judge, by order dtd. 21/7/2022 dismissed the petition, against which, present appeal has been filed by the appellant.

(3.) According to learned counsel appearing for the appellant, false case has been registered and the vehicle is being exposed to rain and sun. Therefore, the appellant seeks return of vehicle and he is ready to surrender the vehicle as and when the same is required for trial.