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Madras High CourtCRL OP/15610/2020disposed of

Venkat Narayanan v. The State Rep.By

2020-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15610 of 2020 Venkat Narayanan, Old No.16, New No.25, Lake View Road, West Mambalam, Chennai - 600 033.

... Petitioner Vs.

The State Represented by Inspector of Police (Traffic) J-9 Oggiyam Thoraipakkam Police Station, Chennai - 600 097.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to adjudicate and accept the penalty amount in Challan No.TN14291200229212451 dated 29.02.2020 on the file of J9 Oggiyam Thoraipakkam Police Station (Traffic). For Petitioner : Mr.Anil Relwani For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for direction directing the respondent to adjudicate and accept the penalty amount in Challan No.TN14291200229212451 dated 29.02.2020 on the file of J9 Oggiyam Thoraipakkam Police Station (Traffic).

2.The learned counsel appearing for the the petitioner submitted that the petitioner was charged for drunken driving on 29.02.2020 and the petitioner surrendered his car and also the original driving licence before the respondent herein. On receipt of the same, the petitioner was issued with challan and directed to pay the fine through the Court. When the petitioner approached the Court concerned, i.e., The Judicial Magistrate, Court II, Combined Court Buildings, Alandur, Chennai-600 016, the learned Judicial Magistrate refused to receive the challan and to accept any penalty. https://hcservices.ecourts.gov.in/hcservices/ Page numbers

3.The learned Additional Public Prosecutor submitted that the respondent has to produce the challan before the Court concern and only thereafter, the petitioner can pay the fine as directed by the concerned Court. Further, he submitted that due to COVID-19 pandamic circumstances, the respondent could not able to produce the challan before the Court concern. 4.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the above submissions, the respondent is directed to produce the Challan No.TN14291200229212451 dated 29.02.2020 before the file of Judicial Magistrate, Court II, Combined Court Buildings, Alandur, Chennai-600 016 forthwith. The learned Magistrate is directed to receive the challan from the respondent and impose fine on the petitioner. 6.With the above direction, this Criminal Original Petition is Disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Inspector of Police (Traffic), J-9 Oggiyam Thoraipakkam Police Station, Chennai - 600 097.

2.The Judicial Magistrate, Court II, Combined Court Buildings, Alandur, Chennai-600 016.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15610 of 2020 KK(CO) CB(10/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers