MUNIYAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed by the petitioner to direct the respondent to return his vehicle viz., John Deer Tractor along with Tipper bearing Registration No. TN - 56 - 1086 .

(2.) The petitioner submitted that he had purchased a second hand John Deer Tractor along with Tipper bearing Registration No. TN - 56 - 1086 from one Mohankumar through the financier Sri Ran Finance. While the petitioner went to his agricultural land the above said tractor was seized by the respondent and a false case was registered against him in Crime No.588 of 2017 for the offences under Sections 379 of I.P.C r/w 21 (i) of Mines and Minerals (Development and Regulation) Act, 1957. Further, the petitioner herein filed a petition in C.M.P.No.7042 of 2017 before the learned Judicial Magistrate at Sangarapuram for return of property and the same was dismissed on 23.11.2017 on the ground that the above said vehicle was not in his name. Against which the petitioner filed a petition in C.R.P.No.33 of 2017 before the III Additional Sessions Judge at Kallakurichi and the same was dismissed on 12.11.2018. Now the R.C Book has been changed in the name of the petitioner. Hence, he has approached this Court by way of the present petition for recovery of property which is under the custody of the respondent.

(3.) Heard Mr. V.R. Kamalanathan, learned counsel for the petitioner as well as Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) for the respondents.