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Madras High CourtWP/20908/2023disposed of

S.Salai Siva Selvam v. The Director General Of Police

2023-07-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P. No.20908 of 2023 S.Salai Siva Selvam Petitioner vs.

1.The Director General of Police, Office of the Directorate of Police, Dr. Radhakrishnan Road, Mylapore, Chennai - 600 004.

2.The Commissioner of Police, Office of the Commissioner of Police, Karappakam, Elcot Sez, Sholinganallur, Chennai - 600 119.

3.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Muthuramalingam Street, New Market, Tambaram West, Chennai - 600 045.

4.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, 5.The State rep. by The Inspector of Police, H-2, Guduvanchery Police Station, Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of

Criminal Procedure, directing the respondent/police to consider the petitioner's representation dated 24.04.2023 by taking the accused under custody and seize the petitioner's stolen properties based on the FIR No.45/2023 pending on the file of the 5th respondent.

For Petitioners : Mr.M.Samuel Raja For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This writ petition has been filed for a direction to the respondent police to consider the representation made by the petitioner on 24.04.2023 and to seize all the stolen properties during the course of investigation in Crime No.48 of 2034, pending on the file of the 5th respondent.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that a closure report has been filed before the learned Judicial Magistrate No.2, Chengalpattu as 'Mistake of Fact' and the RCS notice in RCS No.6 of 2023 will be served on the petitioner. 3.In view of the above development, there shall be a direction to the 5th respondent to serve the RCS notice to the petitioner, within a period of two weeks

from today. On receipt of the same, it is left open to the petitioner to file a protest petition before the concerned jurisdictional Magistrate Court and workout his remedy in accordance with law.

4.This writ petition is disposed of in the above terms. No Costs. 14.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Director General of Police, Office of the Directorate of Police, Dr. Radhakrishnan Road, Mylapore, Chennai - 600 004.

2.The Commissioner of Police, Office of the Commissioner of Police, Karappakam, Elcot Sez, Sholinganallur, Chennai - 600 119.

3.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Muthuramalingam Street, New Market, Tambaram West, Chennai - 600 045.

4.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police,

N. ANAND VENKATESH, . J.

ssr 5.The Inspector of Police, H-2, Guduvanchery Police Station, 6.The Public Prosecutor, High Court of Madras, Madras.

W.P. No.20908 of 2023 14.07.2023