Madras High CourtCRL OP/1492/2019disposed of

Thiyagu v. The Inspector Of Police

2019-01-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1492 of 2019 Thiyagu ... Petitioner Vs.

State rep by Inspector of Police, Baluchettychathiram Police Station, Kanchipuram District.

(Crime No.470 of 2018) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to issue a direction, directing the learned Judicial Magistrate No.1, Kanchipuram, Kanchipuram District, to accept the petition filed by the petitioner in (Crl.M.P.No.unnumbered/2019) herein dated 04.12.2018 for return of property in Crime No.470 of 2018.

For Petitioner : Mr.K.G.Senthil Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the Court below to entertain the petition filed by the petitioner for return of vehicle, which has been seized by the respondent police in Crime No.470 of 2018.

2. Pursuant to the registration of the FIR, the vehicle belonging to the petitioner has also been seized. When the petitioner attempted to file a petition for release of the vehicle before the learned Judicial Magistrate I, Kanchipuram, Kanchipuram District, the same was not entertained and therefore, the present petition has been filed seeking for appropriate directions.

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3. In the facts and circumstances of the case, there shall be a direction to the learned Judicial Magistrate I, Kanchipuram, Kanchipuram District, 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 petition is represented before the learned Judicial Magistrate I, Kanchipuram, Kanchipuram District.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kal To 1.The Judicial Magistrate-I, Kanchipuram, Kanchipuram District.

2.The Inspector of Police, Baluchettychathiram Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.G.Senthilkumar, Advocate SR.No.4590 Crl.O.P.No.1492 of 2019 CSL/28.01.2019 https://hcservices.ecourts.gov.in/hcservices/