Nemraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11406 of 2020 Nemraj, S/o. Thiruneelagandan First Street, Periyaobalapuram, Thiruvallur District.

... Petitioner/Owner of the Vehicle Vs.

The State rep. by its, The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

(Cr.No.713 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Principal District Court, Thiruvallur to receive the return of property petition bearing Registration No.TN-18-AZ-9392 from the petitioner in connection with Crime No.713 of 2020 on the file of the respondent.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition has been filed for a direction, directing the Principal District Judge, Thiruvallur to receive the return of property petition bearing Registration No.TN-18-AZ9392 from the petitioner in connection with Crime No.713 of 2020 on the file of the respondent.

2. The vehicle owned by the petitioner bearing registration No. TN-18-AZ-9392 was involved in Crime No.713 of 2020 for the offences under Sections 379 and 430 of IPC. After seizing the vehicle, it was deposited. The petitioner filed a petition under Section 451 & 457 of Cr.P.C. for returning of his vehicle before the Principal District Judge, Thiruvallur. However, it was returned for the reason that during lock down period, only emergent bail petitions alone are entertained and therefore, the petition shall be filed only after the period of lock down.

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3. Considering the above facts and circumstances of the case, the petitioner is directed to re-present the petition under Section 451 & 457 of Cr.P.C. for return of the vehicle bearing registration No.TN-18-AZ-9392. Immediately, on receipt of the same, the Principal District Judge, Thiruvallur, is directed to consider the same and pass orders. Since the petition itself is for return of vehicle, the same shall be considered as an urgent petition.

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

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar dh To

1. The Principal District Court, Thiruvallur,

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

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11406 of 2020 SKS(CO) GN(25/09/2020) https://hcservices.ecourts.gov.in/hcservices/