Madras High CourtCRL OP/5740/2017ordered

R.Dayalan, Aged 54 Years, v. The State Rep. By

2017-03-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.5740 of 2017 R.Dayalan [ Petitioner ] Vs The State rep.by The Inspector of Police, Rathinagiri Police Station, Vellore District.

(Cr.No.113/2014).

[Respondent] Petition filed under Section 482 of the Criminal Procedure Code, directing the learned District Munsif-cum-Judicial Magistrate at Arcot, Vellore District, to dispose of the petitioner's application for return of property in Crl.M.P.No.268 of 2017 within a time fixed by this Court. For Petitioner : Mr.K.Premkumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned District Munsif-cum-Judicial Magistrate at Arcot, Vellore District, to dispose of the petitioner's application for return of property in Crl.M.P.No.268 of 2017 within a specified time frame.

2.The learned counsel for the petitioner submitted that for return of the property, the petitioner had filed an application in Crl.M.P.No.268 of 2017 before the District Munsif-cumJudicial Magistrate, Arcot, Vellore District, and the said application is pending disposal. He prayed for a direction to the Trial Court to dispose of the said application on merits and in accordance with law, within a stipulated time frame. 3.Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

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4.Considering the narrow prayer made by the learned counsel for the petitioner, the learned District Munsif-cum-Judicial Magistrate at Arcot, Vellore District, is directed to dispose of the petitioner's application filed in Crl.M.P.No.268 of 2017 for return of the property, on merits and in accordance with law, as expeditiously as possible.

5.The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KM To

1. The Inspector of Police, Rathinagiri Police Station, Vellore District.

2. The District Munsif-cum-Judicial Magistrate at Arcot, Vellore District.

3. The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to Mr.K.Prem kumar, Advocate, S.R.No.18138 Crl.O.P.No.5740 of 2017 skv(co) rmp(24/03/17) https://hcservices.ecourts.gov.in/hcservices/