Madras High CourtCRL OP/2756/2019disposed of

P.Santhosh Kumar v. The Inspector Of Police,

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2756 of 2019 P.Santhosh Kumar ... Petitioner Vs.

State represented by its Inspector of Police, Brammadesam Police Station, Villupuram District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure,to direct the learned Judicial Magistrate No.II, Tindivanam to entertain the petition to be filed by the petitioner under section 451 of Cr.P.C pertaining to Seizure of Vehicle-Lorry bearing Registration No.TN-21-AB-9199 in Crime No.608 of 2018 on the file of respondent police and to dispose the same.

For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

It is seen that the respondent police have registered the FIR 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 FIR, the vehicle belonging to the petitioner has also been seized. When the petitioner attempted to file a petition for release of vehicle before the learned Judicial Magistrate No.II, Tindivanam, 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, Tindivanam, to entertain the petition filed by the petitioner seeking for release of the vehicle 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 three weeks https://hcservices.ecourts.gov.in/hcservices/

from the date on which the petition is represented before the learned Judicial Magistrate No.II, Tindivanam. This Criminal Original Petitions are disposed of, with the above directions.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The learned Judicial Magistrate No.II, Tindivanam.

2.Inspector of Police, Brammadesam Police Station, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.2756 of 2019 GSP(05/02/2019) https://hcservices.ecourts.gov.in/hcservices/