Sarathy @ Sarathy Kumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Sarathy @ Sarathy Kumar ... Petitioner Vs.

State rep by Inspector of Police Vaniyambadi Taluk Police Station Vaniyambadi, Thirupathur District ... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the memo returned order passed by the learned Judicial Magistrate, Vaniyambadi, Thirupathur District in CMP.No.684 of 2019 in Crime No.75 of 2019 dated 15.02.2019.

For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to set aside the order passed by the learned Judicial Magistrate, Vaniyambadi, Thirupathur District in CMP.No.684 of 2019 in Crime No.75 of 2019 dated 15.02.2019, rejecting the memo filed by the petitioner for return of RC Book.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The said memo was filed by the petitioner seeking for return of RC Book deposited before the Court while releasing the vehicle and the learned Magistrate has rightly returned the memo stating that the case has already been committed to the Sessions Court and not pending before the concerned Court and it is also stated that the memo is not maintainable. The order does not suffer from any infirmities.

4. In such view of the mater, it is well open to the petitioner to move to the concerned Sessions Court by filing a petition for return of RC book.

5. With the observations, this Criminal Original Petition is disposed of. 05.07.2022 ksa-2 2/4

To

1. The Judicial Magistrate, Vaniyambadi, Thirupathur District

2. Inspector of Police Vaniyambadi Taluk Police Station Vaniyambadi, Thirupathur District

3. The Public Prosecutor High Court, Madras 3/4

N. SATHISH KUMAR,J.

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