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Madras High CourtCRL OP/12837/2018dismissed

P.Natarajan, Aged 33 Years, v. The State Rep By Its,

2018-05-10Honourable Mrs Justice S. Ramathilagam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2018

CORAM

THE HONOURABLE MR. JUSTICE S.RAMATHILAGAM Crl.O.P.No.12837 of 2018 P.Natarajan S/o. Perumal ... Petitioner Vs.

1. The State rep. by The Superintendent of Police, O/o The District Superintendent of Police, Villupuram District.

Villupuram.

2. The Inspector of Police, Avalurpettai Police Station, Gingee Taluk, Villupuram District.

3. Amudha The Inspector of Police, Avalurpettai Police Station, Villupuram District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent police to hand over the two mobiles hand-sets belonged to the petitioner viz., (i) VIVO bearing No.9894049597 - Airtel & (ii) INTEX-ACTIVA bearing No.8838021502 - JIO, which is illegally seized by her. For Petitioner : Mr.G.Sudha For Respondent : Mrs.Kritika Kamal.P.

Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the third respondent police to hand over the two mobiles hand-sets belongs to the petitioner viz., (i) VIVO bearing No.9894049597 - Airtel & (ii) INTEX-ACTIVA bearing No.8838021502 - JIO, which is illegally seized by her.

2. When the matter is called, the learned Government Advocate (Crl.Side) has filed a status report of the Sub

Inspector of Police, Avalurpettai Police Station and also the complaint given by one Sathiya, who is the wife of the petitioner herein. In the status report filed by the respondent police, it is stated that on the complaint given by the said Sathiya, the Sub Inspector of Police, Avalurpettai Police Station personally visited the petitioner's house and warned the petitioner and also insisted him to appear before the third respondent for enquiry, but the petitioner did not appear before the third respondent for enquiry. She would further submit that the respondent police neither seized any cell phone nor detained the petitioner as alleged by him.

3. From the complaint given by one Sathiya, who is the wife of the petitioner, it is seen that due to matrimonial dispute, the petitioner had beaten his wife and his in-laws and left his cell phones, one key and one packet note and ran away from the home.

4. In view of all the above facts, I am of the view that this petition does not require any order from this Court and accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar(Comp) //True Copy// Sub Assistant Registrar rts To

1. The Superintendent of Police, O/o The District Superintendent of Police, Villupuram District.

Villupuram.

2. The Inspector of Police, Avalurpettai Police Station, Gingee Taluk, Villupuram District.

3. Amudha The Inspector of Police, Avalurpettai Police Station, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12837 of 2018 ev(co) nr 04/06/2018