SRIDHAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed challenging the dismissal of the petitioner 's application for the return of his vehicle, viz., a Tractor and Trailer bearing Registration No. TN 32 X 2845. The vehicle was seized during the investigation of Crime No.24 of 2025, registered for offences under Ss. 281, 121(a), and 106(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.

(2.) According to the prosecution, the defacto complainant, accompanied by his wife and son, was involved in a road accident while returning from a temple. It is alleged that a private bus (Sri Krishna, Reg. No. TN 31 CJ 5775), driven by one Raj Kumar in a rash and negligent manner, first struck their vehicle, causing them to fall. Immediately thereafter, a tractor (Reg. No. TN 32 X 2845), driven by Santhosh Kumar, struck the defacto complainant's wife. She sustained grievous injuries and tragically passed away while undergoing treatment at the hospital. During the investigation, it was found that the revision petitioner is the owner of the Tractor and it was seized by the Motor Vehicle Inspector.

(3.) The learned counsel for the petitioner would submit that primary cause of the accident was the rash and negligent overtaking by the private bus. It is argued that when the complainants fell onto the road, the tractor driver, following behind, lost control due to the sudden nature of the event. The learned counsel further submitted that while the Motor Vehicle Inspector (MVI) has inspected the vehicle and submitted a report to both the police and the learned Judicial Magistrate No.1, Kallakurichi. Thereafter, the revision petitioner took out an application before the Judicial Magistrate No.1, Kallakurichi, in Crl MP No.292 of 2025 for the release of vehicle. However, the Court dismissed the said application. Hence, the petitioner filed the present criminal revision case.