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Madras High CourtCRL RC/739/2020closed

Arivarasan v. State Represented By

2020-09-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.R.C.No.739 of 2020 Arivarasan ..

Petitioner Vs.

State, represented by The Inspector of Police Avadi Police Station Chennai City.

(Crime No.258 of 2020) ..

Respondent/Complainant Criminal Revision Petition filed under Section 397 & 401 of Cr.P.C., praying to set aside the orders of the learned Judicial Magistrate No.II, Poonamallee, communitated by e-mail dated 16.08.2020 and direct the learned Judicial Magistrate No.II, Poonamallee or in the alternative, the respondent herein to return the Hyundai Xcent Prime car bearing registration No. TN 12 AC 7896 to the custody of the petitioner herein by allowing this revision.

For Petitioner : Mr.A.M.Rahmath Ali For Respondent : Mrs.P.Kritika Kamal Govt. Advocate (Crl. Side)

ORDER

This case is taken up through Video Conferencing. 2.

The petitioner filed a petition under Section 451 & 457 Cr.P.C., before the learned Judicial Magistrate No.II, Poonamallee, by email, for return of his Hyundai car, which has been seized by the police during investigation in Crime No.258 of 2020.

3. The learned Magistrate, by impugned e-mail order dated 16.08.2020, has refused to entertain the petition, on the ground that due to COVID-19 pandemic, physical appearance was not permitted by the High Court, and that there was a direction from the High Court that the Magistrate should entertain only emergent applications/petitions. Therefore, the petition filed by the petitioner was not taken on file by the learned Magistrate and it is also stated in the impugned https://hcservices.ecourts.gov.in/hcservices/

order that the petitioner can approach him, after the lock down is lifted.

4. Since, the lock down has now been lifted and the trial Courts have started functioning, the petitioner may appear before the trial Court. Hence, this petition is closed with liberty to the petitioner to approach the learned Judicial Magistrate No.II, Poonamallee, for return of his vehicle. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Ds To:

1.The Judicial Magistrate No.II Poonamallee.

2.The Inspector of Police Avadi Police Station Chennai City.

3.The Public Prosecutor High Court of Madras Chennai - 600 104.

Crl.R.C.No.739 of 2020 SR(CO) GN(20/10/2020) https://hcservices.ecourts.gov.in/hcservices/