Dharmaraj v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G. K. ILANTHIRAIYAN Crl.O.P.No.10327 of 2020 Dharmaraj, (M/45), S/o. Ramakrishnan, A-02, Vaijeyanthi Vistra, Vilangudi, Madurai - 625 018.

... Petitioner Vs.

The State rep., by, The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.

(Cr.No.861 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records pertaining to the order dated 0407-2020 passed by Hon"ble V.M.M, Egmore in M.P.No 913/2020 in Crime No 861 of 2020 and to set aside the same and consequently direct the learned V.Metropolitan Magistrate, Egmore to number the petition filed by the petitioner for seeking relief to return the vehicle bearing Registration No. TN59 BQ 4244, Engine Number Fj15993, Chassis Number MAJGXXMTKGFJ15993, maker's name Ford India P Ltd, Colour spark gold in seized in Crime No. 861 of 2020.

For Petitioner : Mr. R. Thirumoorthy For Respondent : Mr. S. Karhikeyan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed challenging the order passed in M.P.No.913 of 2020 dated 04.07.2020, returning the application filed by the petitioner for return of his vehicle in Crime No,861 of 2020 on the file of the respondent police.

2. The learned Additional Public Prosecutor submitted that the vehicle was involved in Crime No.861 of 2020 registered by the offence under the Prohibition Act. The respondent police is yet to deposit the vehicle before the V Metropolitan Magistrate Court, Egmore, Chennai.

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3. Considering the above submission made by the learned Additional Public Prosecutor, the respondent police is directed to deposit the petitioner's vehicle bearing Registration No.TN59 BQ 4244 involved in Crime No.816 of 2020 within a period of one week from the date of receipt of a copy of this order before the V Metropolitan Magistrate Court, Egmore, Chennai. Thereafter, the petitioner is at liberty to approach the concerned Court for return of vehicle by appropriate application. On receipt of the said application the V Metropolitan Magistrate Court, Egmore, Chennai is directed to consider the petitioner's application for return of vehicle and pass appropriate orders in accordance with law.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar SSI To 1.The V Matropolitan Magistrate Egmore, Chennai.

2.The Inspector of Police, K-8, Arumbakkam Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.10327 of 2020 VSNII(CO) RMP(07/08/2020) https://hcservices.ecourts.gov.in/hcservices/