Madras High CourtCRL OP/30324/2013dismissed as infructuous

M/S.Kerala Jewellers v. State Rep.By The Inspector Of

2019-11-13Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.Nos.30324, 30329 & 30330 of 2013 M/s.Kerala Jewellers Purasawakkam, A partnership firm, duly represented by its Managing Partner, Mr.Siby Joseph, S/o. Mr.P.T.Joseph, No.80-93, Purasawakkam High Road, Chennai - 10.

... Petitioner in all the OPs Vs.

1. State rep. By The Inspector of Police (Crime), G-3 Kilpauk Police Station, Chennai - 10.

2. Rekha

3. M/s.Sriram Transport Finance Company Ltd., No.10, Sriram House, Kasthuri Estate, Mylapore, Chennai-4 ... Respondents in O.P.30324/2013

1. State rep. By The Inspector of Police (Crime), G-3 Kilpauk Police Station, Chennai - 10.

2. Venkatesan ... Respondents in O.P.30329/2013

1. State rep. By The Inspector of Police (Crime), G-3 Kilpauk Police Station, Chennai - 10.

2. Rekha

3. Venkatesan 1/3

4. M/s.Sriram Transport Finance Company Ltd., No.10, Sriram House, Kasthuri Estate, Mylapore, Chennai-4

...Respondents in O.P.30330/2013

PRAYER in O.P.30324/2013: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed in Crl.M.P.No.9711 of 2013 by the learned XIV Metropolitan Magistrate, Egmore, Chennai, dated 28.06.2013 and allow the application of the petitioner by granting the interim custody of the vehicles as fully described in the schedule of this petition.

1. Honda Civic Car 1.8 Tafeda white color bearing registration No.TN-10-AK 6261

2. Honda Activa Scooter white color bearing registration No.TN-10-AJ-5332 PRAYER in O.P.30329/2013: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed in Crl.M.P.No.10120 of 2013 by the learned XIV Metropolitan Magistrate, Egmore, Chennai, dated 28.06.2013 and allow the application of the petitioner by granting the interim custody of the vehicles as fully described in the schedule of this petition YAMAHA Fazir Black Color Motor Cycle bearing registration No.TN-10-AK-2878 of this petitioner. PRAYER in O.P.30330/2013: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order passed in Crl.M.P.No.9730 of 2013 by the learned XIV Metropolitan Magistrate, Egmore, Chennai, dated 28.06.2013 and allow the application of the petitioner by granting the interim custody of the vehicles as fully described in the schedule of this petition.

1. Honda Civic Car 1.8 Tafeda white color bearing registration No.TN-10-AK 6261

2. YAMAHA Fazir Black Color Motor Cycle bearing registration No.TN-10-AK-2878

3. Honda Activa Scooter white color bearing registration No.TN-10-AJ-5332 For Petitioner : Mr.R.Amizhdhu - in all the OPs For Respondent : Mr.R.Surya Prakash Govt. Advocate (Crl.Side) for R1 - in all the Ops Mr.R.C.Paul Kanagaraj for R2 in O.Ps.30324 & 30330/2013 ****** 2/3

COMMON ORDER These criminal original petitions have been filed seeking interim custody of the vehicles.

When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent police would submit that the main case in C.C.No.1420 of 2015 itself has been dismissed by judgment dated 17.10.2019 by the learned II Metropolitan Magistrate Court, Egmore, Chennai - 08 and he has also produced the copy of the judgment. In view of the above submissions made by the learned Government Advocate (Crl.Side), these criminal original petitions are dismissed as infructuous.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar cgi To

1. The XIV Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police (Crime), G-3 Kilpauk Police Station, Chennai - 10.

3. The II Metropolitan Magistrate Court, Egmore, Chennai - 08.

4. The Public Prosecutor, High Court of Madras.

5. The Chief Metropolitan Magistrate Egmore Chennai-8 Crl.O.P.Nos.30324, 30329 & 30330 of 2013 aa03/12/2019 3/3