Madras High CourtCRL OP/11165/2019dismissed

G.Srinivasan v. The Inspector Of Police

2019-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11165 of 2019 G.Srinivasan .. Petitioner Vs State by Inspector of Police, Ammapet Police Station, Crime No.44 of 2018 .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the order of return passed in unumbered Crl.M.P.No. Of 2019 dated 27.02.2019 on the file of the learned Judicial Magistrate No.V, Salem filed by the petitioner herein consequently direct the learned Judicial Magistrate No.V, Salem to entertain the said application.

For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)

O R D E R

This petition has been filed seeking direction to set aside the order of return passed in unumbered Crl.M.P.No. Of 2019 dated 27.02.2019 on the file of the learned Judicial Magistrate No.V, Salem filed by the petitioner herein consequently direct the learned Judicial Magistrate No.V, Salem to entertain the said application.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is seen that the petitioner already filed a petition for return of property under Section 451 Cr.P.C in Crl.M.P.No.6009 of 2018 before the Judicial Magistrate No.V, Salem, and the same was dismissed on merits without preferring the revision as against the said order. The petitioner again filed the petition under Section 451 Cr.P.C. Therefore, the Judicial Magistrate No.V Salem, has rightly returned the specific application for return of property filed under Section 451 Cr.P.C. Therefore, this Court finds no merits and the same was dismissed. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances of the case, this Court is not inclined to entertain this petition. Hence, this Criminal Original Petition is dismissed. However, the petitioner at liberty to file a revision petition before the appropriate Court as against the order.

5. Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Deputy Registrar(j) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Judicial Magistrate no.V, Salem 2.The Inspector of Police, Ammapet Police Station, 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr. R.Nalliyappan, Advocate SR.No. 40498 Crl.O.P.No.11165 of 2019 A.SK(10/06/2019) https://hcservices.ecourts.gov.in/hcservices/