Madras High CourtWP/5719/2022disposed of

Joshua Mani v. The State Rep By

2022-03-14Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.5719 of 2022 Joshua Mani ... Petitioner Vs.

The State Represented by, The Inspector of Police, Peerkankaranai Police Station, Perungalathur, Chennai.

... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, pleased to issue appropriate writs, orders or direction and in particular issue a Writ of Mandamus, directing the respondent to return the petitioner's Cell Phone bearing Phone Model: Samsung M 31 S, IMEI 1: 357230222944052; IMEI 2:358550892944051; Mobile No.7010789172, 8056231597 taken by the respondent on 08.11.2021.

For Petitioner : Mr.G.Justin For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed to direct the respondent to return the petitioner's Cell Phone bearing Phone Model: Samsung M 31 S, IMEI 1: 357230222944052; IMEI 2:358550892944051; Mobile No.7010789172, 8056231597 taken by the respondent on 08.11.2021.

2. When the matter is taken up today, learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is an accused in Crime No.58 of 2022 registered by the respondent for the offences under Section 294(b), 448, 354(A) and 506(i), on the complaint given by one Diviya. The allegations against the petitioner is that he has taken by obscene photographs of the defacto complainant. The respondent is taking steps to produce the Phone before the Court concerned as a case property.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, this Writ Petition is disposed of. However, the petitioner is at liberty to approach the Judicial Magistrate concerned, seeking for return of property in accordance with law and the learned Judicial Magistrate shall decide it taking into consideration the merits of the case. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Inspector of Police, Peerkankaranai Police Station, Perungalathur, Chennai.

2. The Public Prosecutor, High Court of Madras.

W.P.No.5719 of 2022 GPL(CO) SB(25/03/2022) https://hcservices.ecourts.gov.in/hcservices/