Daisy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.Nos.27084, 27279 & 27288 of 2015 and M.P.Nos.1 & 1 of 2015 Daisy ... Petitioner in all the petitions Vs State rep. By The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

... Respondent/Complainant in all the petitions Crl.OP.No.27084/2015:

Petition filed under Section 482 of the Criminal Procedure Code, to set aside the order dated 16.10.2014 passed in Crl.RC No.1 of 2014 on the file of the Principal District Sessions Judge, Dharmapuri and confirming the order dated 19.12.2013 passed in Crl.MP No.5898 of 2013 on the file of the Judicial Magistrate Court No.I, Dharmapuri. Crl.OP.No.27279 of 2015: Petition filed under Section 482 of the Criminal Procedure Code, to set aside the order dated 16.10.2014 passed in Crl.RC No.3 of 2014 on the file of the Principal District Sessions Judge, Dharmapuri and consequently, to set aside the order dated 19.12.2013 passed in Crl.MP No.5900 of 2013 on the file of the Judicial Magistrate Court No.I, Dharmapuri.

Crl.OP.No.27288 of 2015: Petition filed under Section 482 of the Criminal Procedure Code, to set aside the order dated 16.10.2014 passed in Crl.RC No.2 of 2014 on the file of the Principal District Sessions Judge, Dharmapuri and consequently, to set aside the order dated 19.12.2013 passed in Crl.MP No.5899 of 2013 on the file of the Judicial Magistrate Court No.I, Dharmapuri.

For Petitioner : Mr.K.M.Balaji For Respondent : Mr.C.Emalias, Additional Public Prosecutor

COMMON ORDER Challenging the dismissal of the petitions seeking return of the vehicles, the present Criminal Original Petitions have been filed by the petitioner.

2. According to the petitioner, she is running a travels. On 12.09.2013, the respondent seized the vehicles bearing Registration Nos.TN-72-AC-0005, TN-75-H-8365 and TN-75-K-5798 belonging to the petitioner, in connection with a case in Crime No.639 of 2013 for the alleged offence punishable under Section 397 IPC and produced the same before the learned Judicial Magistrate, Dharmapuri. The petitioner filed CMP Nos.5898, 5899 and 5900 of 2013 seeking return of the vehicles in question. The said petitions were dismissed, by the learned Judicial Magistrate No.I, Dharmapuri, by orders dated 19.12.2013, against which, Crl.RC Nos.1, 2 and 3 of 2014 came to be filed. By orders dated 16.10.2014, the Revision petitions were also dismissed by the learned Principal District Sessions Judge, Dharmapuri. Hence, the present petitions.

3. Though the learned counsel for the petitioner made an elaborate argument in support of the relief sought for herein, he ultimately submitted that it would be suffice, if a direction is given to the respondent to complete the investigation and file final report within a time frame to be fixed by this Court.

4. Learned Additional Public Prosecutor has no objection in granting such relief to the petitioner.

5. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court directs the respondent to complete the investigation in the case in Crime No.639 of 2013 and file final report as expeditiously as possible, preferably, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, these Criminal Original Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

rk To 1.The Judicial Magistrate Court No.I, Dharmapuri.

2.-Do-Thro The Chief Judicial Magistrate, Dharmapuri.

3.The Principal District Sessions Judge, Dharmapuri.

4.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

5.The Public Prosecutor, High court, Madras - 104.

+1cc to Mr.K.M.Balaji, Advocate Sr.267 Crl.O.P.Nos.27084, 27279 & 27288 of 2015 mg[co] srg 6/2/2017