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Madras High CourtCRL OP/8143/2023allowed

T.Sathaiah v. The Additional Commissioner Of Police

2023-04-13Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 8143 of 2023 T.Sathaiah ... Petitioner

Versus

1.The Additional Commissioner of Police, Avadi Police Range, Thiruvallur District.

2.The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the respondents to secure the petitioner's passport bearing No.W 0824029 and to hand over the same to the petitioner.

For Petitioner :

Mr.R.Rajkumar For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to the respondents to secure the petitioner's passport bearing No.W 0824029 and to handover the same to the petitioner. 2.The learned counsel appearing for the petitioner would submit that the petitioner's passport is in the custody of his wife and that there is a dispute between the petitioner and his wife. 3.The learned Additional Public Prosecutor submitted that, on enquiry, the second respondent found that the passport of the petitioner is with the petitioner's wife.

4.In view of the same, this Court is of the view that it is not proper on the part of the petitioner's wife to retain his passport. Hence, there shall be a direction to the respondents to secure the passport from the petitioner's wife and handover the same to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

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5.This Criminal Original Petition is allowed with the above directions. No costs.

13.04.2023 kkn Internet:Yes/No Index: Yes/No Speaking Order / Non-Speaking Order To 1.The Additional Commissioner of Police, Avadi Police Range, Thiruvallur District.

2.The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

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SUNDER MOHAN, J kkn Crl.O.P.No. 8143 of 2023 13.04.2023 4/4