Madras High CourtCRL OP/12102/2020disposed of

S.Sathishkumar v. The State Rep.By

2020-08-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12102 of 2020 S.Sathishkumar ... Petitioner /A1 Vs.

The State Rep. by The Inspector of Police, Ranipet Police Station, Ranipet District. ... Respondent/complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to produce the petitioner's lorry bearing Registration Number TN 22 BB 6957 before the learned District Munsif cum Judicial Magistrate, Ranipet as case property in connection with the Cr.No.1033 of 2020 pending on the file of the respondent police. For Petitioner : Mr.V. Parthiban For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to direct the respondent police to produce the petitioner's lorry bearing Registration Number TN 22 BB 6957 before the learned District Munsif-cum-Judicial Magistrate, Ranipet, as case property in connection with the Cr.No.1033 of 2020 pending on the file of the respondent police.

2. It is seen from the records that the petitioner's vehicle bearing registration No. TN 22 BB 6957 involved in Cr.No.1033 of 2020 registered for the offences punishable under Sections 379 & 430 of IPC has been seized by the respondent police and it is yet to be deposited before the Magistrate Court concerned.

3. Further it is seen that the petitioner has already sent a representation to the Superintendent of Police, Ranipet on 24.07.2020, but no action was taken on the said representation.

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4. Since the prayer sought for in this petition is to return the vehicle and always an urgency prevails there, it can be considered as an urgent petition.

5. Considering the facts and circumstances of the case, the respondent police is directed to deposit the vehicle bearing registration No.TN 22 BB 6957 involved in Cr.No.1033 of 2020 registered for the offences punishable under Sections 379 & 430 of IPC before the learned District-Munsif-cum-Judicial Magistrate, Ranipet, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is at liberty to file a petition under Section 451 of Cr.P.C., before the learned District-Munsif-cum-Judicial Magistrate, Ranipet, for return of vehicle involved in Cr.No.1033 of 2020 for the offences punishable under Sections 379 & 430 of IPC. On receipt of the same, the learned District-Munsif-cum-Judicial Magistrate, Ranipet, is directed to take up the petition filed by the petitioner, for return of vehicle, on file immediately and to consider the same and pass orders on merits and in accordance with law.

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

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

1. The Inspector of Police, Ranipet Police Station, Ranipet District.

2. The District-Munsif-cum-Judicial Magistrate, Ranipet,

3. The Additional Public Prosecutor, High Court, Madras.

Crl.O.P.No.12102 of 2020 ev (co) rr ii (03/09/2020) https://hcservices.ecourts.gov.in/hcservices/