Elaiyanambi v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Elalyanambi ..Petitioner(s) Vs The State of Tamil Nadu, Rep by its Inspector of Police, CBCID, Villupuram.

(Crime No.06 of 2023) ..Respondent(s) PRAYER: The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to issue a direction to the II Additional District Court, Tindivanam, to speedly dispose of C.M.P.No.02 of 2025 in S.C.No.50 of 2025, in accordance with law and within an as expeditiously as possible. For Petitioner(s):

Mr.K.Govi Ganesan For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner seeking expeditious disposal of C.M.P.No.02 of 2025 in S.C.No.50 of 2025, pending on the file of the Additional District Court No.II, Tindivanam, within a stipulated time.

2.

The learned counsel for the petitioner submitted that the petitioner is the owner of the Mahindra Bolero pick-up vehicle bearing registration No.TN 12 AW 9239, which is involved in Crime No.06 of 2023. It is submitted that the petitioner has filed a petition for return of property in C.M.P.No.02 of 2025 on the file of the Additional District Court No.II, Tindivanam. It is further submitted that the investigation in the said case has been completed and a final report has been filed which has been taken cognizance in S.C.No.50 of 2025. Despite the filing of the petition for return of property on 09.06.2025, no orders have been passed till date. Hence, the present criminal original petition has been filed seeking a direction for expeditious disposal of C.M.P.No.02 of 2025. 3.

The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is arrayed as A1 in the case and the vehicle in question was used for the commission of the offence. It is further submitted that the vehicle has been seized and produced before the learned Chief Judicial Magistrate Court, Villupuram and thereafter, C.P.No.21 of 2023 has been assigned. He also submitted that appropriate orders may be passed by the trial Court in accordance with law.

4.

This Court has considered the submissions made on either side and perused the materials available on record.

5.

In view of the above, this Court directs the learned Additional District Judge No.II, Tindivanam, to take up C.M.P.No.02 of 2025, after issuing notice to the petitioner as well as to the respondent police and dispose of the same on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. The learned Judge shall afford sufficient opportunity of hearing to both parties and pass a reasoned order, taking into consideration of the nature of the offence, stage of the proceedings and the entitlement of the petitioner for interim custody/return of the vehicle. 6.

With the above directions, this Criminal Original Petition stands disposed of.

06.04.2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Additional District Judge No.II, Villupuram. 2.The Inspector of Police, CBCID, Villupuram.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 06.04.2026