Madras High CourtCRL OP/161/2019disposed of

S.Puhazenthi v. The Inspector Of Police

2019-01-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.161 and 164 of 2019 S.Puhazenthi ..Petitioner in both Crl.OPs Vs.

State represented by The Inspector of Police, Thirumanur Police Station, Ariyalur District.

Cr.No. 305/18 ..Respondent in Crl.O.P.No.161 of 2019 State represented by The Inspector of Police, Keelapalur Police Station, Ariyalur District.

Cr.Nos.236 of 2018 ..Respondent in Crl.O.P.No. 164 of 2019 COMMON PRAYER : Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Judicial Magistrate No.II, Ariyalur to entertain the petition to be filed by the petitioner under section 451 of Cr.P.C pertaining to seizure of Heavy Goods Vehicles - Tipper Lorrys, bearing registration NOs. TN 46 X 0405 in Crime.No. 305 of 2018, TN 46 Q 2551 and TN 77 B 1344 in Crime No.236 of 2018 respectively on the file of the respondents police and to dispose the same as expeditiously. For Petitioner in both Crl. Ops : Mr.S.Senthil For Respondents in both Crl.OPs : Mr.M.

Mohamed Riyaz Additional Public Prosecutor COMMON ORDER In both the Criminal Original Petitions, it is seen that the respondent police have registered the FIRs against the petitioner for the offences under section 379 of IPC and 21(1) of Mines and Minerals Development and Regulation Act, 1957. Pursuant to the registration of the FIRs, the vehicles belonging to the petitioner has also been seized. When the petitioner attempted to file a petition for release of vehicles https://hcservices.ecourts.gov.

before the learned Judicial Magistrate No.II, Ariyalur, the same was not entertained and therefore, the present petitions have been filed seeking for appropriate directions. In the facts and circumstances of the case, there shall be a direction to the learned Judicial Magistrate No.II, Ariyalur, to entertain the petition filed by the petitioner seeking for release of the vehicles and deal with the same in accordance with the guidelines given by this Court W.P.(MD). No. 19936 of 2017 dated 29.10.2018 and pass appropriate orders. This exercise shall be completed within a period of two weeks from the date on which the petitions are represented before the learned Judicial Magistrate No.II, Ariyalur.

This Criminal Original Petitions are disposed of, with the above directions.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mpa/rpl To 1.The Judicial Magistrate No.II, Ariyalur 2.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

3.The Inspector of Police, Keelapalur Police Station, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.S.Senthil, Advocate, S.R.No.908,909/2019 Crl.O.P.Nos.161 and 164 of 2019 GN(CO) rrs 07/01/2019 https://hcservices.ecourts.gov.in/hcservices/