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Madras High CourtCRL OP/24152/2017allowed

Dilbert Saravanakumar v. The Station House Officer

2017-12-19Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.24152 of 2017 Dilbert Saravana Kumar ... Petitioner Vs The Station House Officer, Grand Bazaar Police Station, Puducherry.

... Respondent Prayer:Criminal Original Petitions filed under Section 482 Cr.P.C. to set aside the order dated 30.08.2017 passed in unnumbered Cr.M.P. of 2017 in C.C.No.13 of 2016 on the file of the Chief Judicial Magistrate Court, Puducherry and direct the return of the France Passport bearing No.14AF50756 to the petitioner.

For Petitioner :

Mr.K. Govi Ganesan For Respondent :

Mr.M.R.Thangavel Additional Public Prosecutor (P)

ORDER

The Criminal Original Petition has been filed against the order passed in unnumbered Cr.M.P., of 2017 in C.C.No.13 of 2016 on the file of the Chief Judicial Magistrate Court, Puducherry and direct the return of the France Passport bearing No.14AF50756 to the petitioner.

2.By Judgment dated 11.08.2017, in C.C.No.13 of 2016, the petitioner was acquitted. There was an observation made in the said Judgement that the seized passport of the petitioner/accused shall be returned to him after the appeal period.

3. It is submitted by the learned counsel for the petitioner that though the acquittal order was passed as early as on 11.08.2017, the State of Puducherry has not preferred an appeal against the said order till date. In view of the same, it would not be appropriate for the respondent herein, to hold the passport of the petitioner

4. Hence, there shall be a direction to the respondent to return the France Passport bearing No.14AF50756 to the petitioner herein within a period of two weeks from the date of receipt of a copy of this Order. With the above terms, the Criminal Original Petition stands allowed. 19.12.2017 Index:Yes/No Internet:Yes/No nl Note: Issue order copy on 20.12.2017 To

1.The Station House Officer, Grand Bazaar Police Station, Puducherry.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, nl

Crl.O.P.No.24152 of 2017 19.12.2017