S.Jesudoss v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12142 of 2019 S.Jesudoss ... Petitioner Vs.

The State Represented by, The Inspector of Police, Kammapuram Police Station, Cuddalore District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the Learned Judicial Magistrate-II, Virudhachalam, Cuddalore District in Crl.M.P. S.R No.8237/ 2018 dated 03.10.2018 and direct the Learned Judicial Magistrate-II, Virudhachalam, Cuddalore District to entertain my petition for return of vehicle in Crl.M.P. S.R.No.8237/2018 dated 03.10.2018 and subsequently direct the lower court to order release of the vehicle namely Blue Colour Bullock Cart fitted with Tyre Wheels. For Petitioner : Ms.Kousalya Devi C.

For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Judicial Magistrate-II, Virudhachalam, Cuddalore District, to entertain the petition filed by the petitioner for release of Blue Colour Bullock Cart.

2. On 26.09.2018 the Blue Colour Bullock Cart fitted with tyre wheels belonging to the petitioner was seized by the respondent police in Crime No.201 of 2018 for an offence under Section 21(i) of the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner filed a petition before the learned Judicial Magistrate-II, Virudhachalam in Crl.M.P.Sr.No.8237 of 2018 seeking for return of the Blue Colour Bullock Cart. This petition was not entertained by the Court below and therefore, the present Criminal Original Petition has been filed before this Court.

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3. The position of law has been clarified by this Court by the Judgment made in Muthu Vs. The District Collector, Puducherry and others in W.P(MD)No.19936 of 2017 etc., wherein this Court has given guidelines with regard to the manner in which the petition filed for return of vehicle should be entertained by the concerned Jurisdictional Court.

4. This Criminal Original Petition is disposed of by giving liberty to the petitioner to re-present the petition for release of vehicle before the learned Judicial Magistrate-II, Virudhachalam, Cuddalore District and the said petition shall be entertained by the Court below and shall be decided and pass orders on merits and in accordance with the guidelines given by this Court in the Judgment referred supra, within a period of two weeks from the date of receipt of copy of this order. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mpa To

1. The Judicial Magistrate-II, Virudhachalam, Cuddalore District.

2. The Inspector of Police, Kammapuram Police Station, Cuddalore District.

3. The Public Prosecutor High Court, Madras.

+1 cc to M/s.C.Kousalya Devi, Advocate, S.R.No.42591 Crl.O.P.No.12142 of 2019 KJ(CO) SSM(28/05/2019) https://hcservices.ecourts.gov.in/hcservices/