Madras High CourtCRL OP/15100/2020disposed of

L.Amulu v. State Rep.By

2020-09-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15100 of 2020 L.Amulu, F/A 39 years, W/o.Loganathan, No.1/29, Mettu Street, Arumpakkam Village, Arcot Taluk, Ranipet District.

... Petitioner/ Petitioner Vs State Represented by The Inspector of Police, Arcot Taluk Police Station, Arcot, Ranipet District.

(Cr.No.76/2020) ... Respondent/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate at Arcot, Ranipet District to take the Criminal Miscellaneous Petition in Crl.M.P.(SR) No.1577 of 2020 on file and to consider and dispose the same on merits even during the lockdown due to Covid-19 within the fixed time frame.

For Petitioner : Mr.N.S.Amarnath For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction, to direct the learned Judicial Magistrate at Arcot, Ranipet District to take the Criminal Miscellaneous Petition in Crl.M.P.(SR) No.1577 of 2020 on file and to consider and dispose the same on merits even during the lockdown due to Covid-19 within the fixed time frame.

2. It is seen from the records that the petitioner's vehicle bearing registration No. TN-73-AB-3872 involved in Crime No.76 of 2020 registered for the offences punishable under Sections 294(b), 353 and 506(ii) of IPC has been seized by the respondent police and it is yet to be produced before the Magistrate Court concerned.

https://hcservices.ecourts.gov.in/hcservices/

3. Further it is seen that the petitioner has filed a petition to return of property before the learned Judicial Magistrate, Arcot, Ranipet District, praying to return his vehicle under Sections 451 and 457 of Cr.P.C in Crl.MP.SR.No.1577 of 2020, the same was taken on file and is kept pending disposal. In view of the prevailing COVID-19 Pandemic situation as there was a circular to entertain only most urgent petitions.

4. Since the prayer sought for in this petition is to return the vehicle and always an urgency prevails there, it can be considered as an urgent petition.

5. Considering the facts and circumstances of the case, the respondent police is directed to deposit the vehicle bearing registration No.TN-73-AB-3872 involved in Cr.No.76 of 2020 registered for the offences punishable under Sections 294(b), 353 and 506(ii) of IPC before the learned Judicial Magistrate, Arcot, Ranipet District, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the vehicle, the learned Judicial Magistrate, Arcot, Ranipet District, is directed to take up the petition filed by the petitioner under Sections 451 & 457 of Cr.P.C. for return of vehicle, on file immediately and to consider the same and pass orders on merits and in accordance with law.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Judicial Magistrate, Arcot, Ranipet District.

2.The Inspector of Police, Arcot Taluk Police Station, Arcot, Ranipet District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15100 of 2020 NMI(CO) RMP(29/10/2020) https://hcservices.ecourts.gov.in/hcservices/