Madras High CourtCRL OP/10948/2020disposed of

Everlike Mercantile Private Limited v. Inspector Of Police

2020-07-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10948 of 2020 Everlike Mercantile Private limited Represented by its Managing Director Praveen Chordia, Male 53 Years, No.9, South Mada Street, Triplicane, Chennai - 600 005.

... Petitioner Vs.

1. The Inspector of Police, Kelambakkam Police Station, Old Mahabalipuram Road, Kittu Nagar, Chengalpattu Pincode - 603 103.

2. Shameema Begum ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the first respondent to release Tata Motars Tipper Lorry bearing Registration No.TN-20-AD-7755 with Engine No.697TC56GTZ134542 and Chassis No.373135HTZ740305 bearing Registration No.TN-20-AD-7755 seized Crime No.694 of 2018 dated 23.10.2018 on the file of the Inspector of Police, Kelambakkam Police Station.

For Petitioner : Mr.S.Ravichandran For Respondents: Mr.S.Karthikeyan, Additional Public Prosecutor for R1

O R D E R

This Petition has been filed for a direction to direct the first respondent to release Tata Motars Tipper Lorry bearing Registration No.TN-20-AD-7755 with Engine No.697TC56GTZ134542 and Chassis No.373135HTZ740305 seized in Crime No.694 of 2018 dated 23.10.2018 on the file of the Inspector of Police, Kelambakkam Police Station.

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2. The second respondent purchased the said vehicle for which the petitioner is being assisted to purchase the vehicle. Thereafter, the said vehicle involved in Crime No.694 of 2018 for the offence under Sections 379 and 430 of IPC. Therefore, the first respondent seized the vehicle from the custody of the second respondent herein and the petitioner is being financier, he filed a petition for return of vehicle from the custody of the learned Judicial Magistrate No.1, Chengalpattu. Due to Covid-19 situation the said Court is not working physically and not entertain the petition.

3. Considering the above facts and circumstances, the petitioner is directed to file a petition for return of vehicle bearing Registration No.TN-20-AD-7755 with Engine No.697TC56GTZ134542 and Chassis No.373135HTZ740305 before the learned Judicial Magistrate No.1, Chengalpattu through E-filing. On receipt of the same, the learned Judicial Magistrate No.1, Chengalpattu is directed to consider the same and pass orders on merits in accordance with law.

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

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

1. The Judicial Magistrate No.1, Chengalpattu.

2. The Inspector of Police, Kelambakkam Police Station, Old Mahabalipuram Road, Kittu Nagar, Chengalpattu Pincode - 603 103.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.10948 of 2020 sks[co] srg 28/09/2020 https://hcservices.ecourts.gov.in/hcservices/