Vijayalakshmi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.5991 of 2024 Vijayalakshmi

...Petitioner

Vs Represented by its The Inspector of Police, Veppur Police Station, Cuddalore District.

(Crime No.1424 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the docket order dated 12.12.2023 in Crl.MP.Sr.1298/2023 in C.P.No.16/2020 in Crime No.1424 of 2022 on the file of the Principal District and Sessions Court, Cuddalore. For Petitioner : Mr.K.Kesavan For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This criminal original petition has been filed challenging the docket order passed by the Court below dated 12.12.2023 returning the application filed by the petitioner seeking for return of vehicle under Section 451 of Cr.P.C., 1/4

2.In the light of the judgment passed by this Court in Annadurai vs. The Inspector of Police, Kurisilapet Police station, Thirupathur District reported in 2024 1 LW (Crl) 277, the Special Court does not have the jurisdiction to entertain the application for return of vehicle. It is left open to the petitioner to file an application before the concerned jurisdictional Magistrate Court and seek for return of vehicle. On such filing, the learned Magistrate shall pass orders on its own merits and in accordance with law, within a period of four weeks from the date of filing of the application by the petitioner. 3.This criminal original petition is disposed of with the above directions. 12.03.2024 Index : Yes/No Speaking order:Yes/No ssr To 1.The Principal District and Sessions Court, Cuddalore.

2/4

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr Crl.O.P. No.5991 of 2024 12.03.2024 4/4