Madras High CourtCRL OP/16263/2020disposed of

V.Selvarajan v. State Rep.By

2020-10-13Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.16263 of 2020 V.Selvarajan ... Petitioner Vs.

State rep. by The Inspector of Police, Nallipalayam Police Station, Namakkal District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to assign the P.R. number to the petitioner's vehicle Taurus Lorry bearing registration No.TN-87-B-4101 seized on 14.08.2020 in CSR.No.28 of 2020 on the file of the respondent.

For Petitioner : Mr.S.N.Arun Kumar For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

(This case has been heard through video conferencing) This Criminal Original Petition has been filed seeking direction to direct the respondent police to assign the P.R. number to the petitioner's Taurus lorry bearing registration No.TN-87-B-4101 seized on 14.08.2020 in CSR.No.28 of 2020 on the file of the respondent.

2. Heard Mr.S.N.Arun Kumar, learned counsel for the petitioner and Mrs.M.Prabhavathi, learned Additional Public Prosecutor appearing for the respondent police.

3. Today when this petition is came up for hearing, learned Additional Public Prosecutor appearing for the respondent on instructions would submit that in respect of crime No.825 of 2020 registered under section 102 Cr.P.C, the petition mentioned lorry bearing Registration No. TN-87-B-4101 was recovered and https://hcservices.ecourts.gov.in/hcservices/

kept in the police station. He would further submit that so far, the said lorry has not been produced before the Jursidictional Magistrate for the purpose of further investigation. The said submission is recorded.

4. The submission made by the learned Additional Public Prosecutor appearing for the respondent seems that the respondent police lethargically without any provisions of law, particularly, taking the law in his hand kept the vehicle with the police station without assigning any reasons. It is consider that if the Taurus lorry is being parked in the same place for a while, there may be chance for getting rust. Therefore, it would appropriate to direct the respondent police to produce the petition mentioned lorry before the jurisdictional Magistrate within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is at liberty to file a necessary application for return of the said lorry.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Nallipalayam Police Station, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.N.Arunkumar, Advocate Sr.34160 Crl.O.P.No.16263 of 2020 pp[co] srg 16/10/2020 https://hcservices.ecourts.gov.in/hcservices/