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Madras High CourtCRL OP/12916/2020disposed of

M.Indira v. State Rep.By Its

2020-08-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12916 of 2020 M.Indira ... Petitioner Vs.

State rep by its, The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

(Crime No.3667 of 2020) ... Respondent PRAYER: Criminal Revision Petition has been filed under Section 482 of Cr.P.C, praying to direct the respondent to return the petitioner vehicle bearing registration No.TN-28AC-9973 seized by the respondent on 28.07.2020 in connection with crime number and pending investigation in Crime No.3667 of 2020, on the file of the Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

For Petitioner :Mr.S.Ponnivalavan For Respondent :Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent to return the petitioner's vehicle bearing registration No.TN-28AC-9973 seized by the respondent on 28.07.2020 in connection with the Crime No.3667 of 2020, for the offence under Sections 379 r/w 34 of IPC, on the file of the Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

2. The learned counsel for the petitioner submitted that the petition for return of his vehicle has been filed before the learned Judicial Magistrate, Thiruvotriyur and the same was returned for the reason that the respondent did not produce the property even till now in Crime No.3667 of 2020. https://hcservices.ecourts.gov.in/hcservices/

3.

Considering the above submissions, the learned Additional Public Prosecutor submitted that the vehicle which was involved in Crime No.3667 of 2020 has been not yet surrendered before the Jurisdictional Magistrate Court due to Covid-19 pandemic circumstances. Now, the respondent is ready to surrender the vehicle before the concerned Jurisdictional Court. Once again, the respondent is directed to produce the vehicle in Crime No.3667 of 2020, forthwith before the learned Judicial Magistrate, Thiruvotriyur. Thereafter, the petitioner is at liberty to represent the application for return of his vehicle before the Judicial Magistrate, Thiruvotriyur. On receipt of the same, the learned Magistrate, Thiruvotriyur, is directed to consider the same and pass orders on merits and in accordance with law.

4. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ub To

1. The Judicial Magistrate, Thiruvotriyur, Chennai.

2.The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12916 of 2020 A.SK(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/