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Madras High CourtWP/20065/2023disposed of

D.Renuka v. The State Of Tamil Nadu

2023-07-11Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.20065 of 2023 D.Renuka ... Petitioner Vs.

1. The State of Tamilnadu, Rep. by Assistant Zeologist, Department of Zeology Mining Kancheepuram.

2. Inspector of Police, Magaral Police Station, Kancheepuram Kancheepuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the Inspector of Police, Magaral Police Station, Kancheepuram, the 2nd respondent to release the petitioner's vehicle lorry bearing registered no: TN30BE0750 within the time frame as fixed by the Hon'ble Court. For Petitioner : Mr.M.Abinu Monisha 1/5

For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This writ petition has been filed for a direction to the respondent police to release the vehicle that has been seized from the petitioner in the course of investigation in Crime No.123 of 2023. 2.

The vehicle was seized by the respondent police in the course of investigation in Crime No.123 of 2023 which was registered for offence under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Insofar as the release of the vehicle is concerned, the petitioner has to necessarily file a petition before the Special Court and the issue has been dealt with in detail by the Hon'ble Full Bench of this Court in WP (MD) No.14341 of 2022 dated 13.06.2023.

3.

In view of the above, it is left open to the petitioner to move the appropriate Court and seek for the release of the vehicle. 2/5

If any such application is filed, the Special Court shall deal with the same and pass orders as expeditiously as possible. 4.

This Criminal Original petition is disposed of accordingly.

11.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The State of Tamilnadu, Rep. by Assistant Zeologist, Department of Zeology Mining Kancheepuram.

2. Inspector of Police, Magaral Police Station, Kancheepuram Kancheepuram.

3/5

N.ANAND VENKATESH, J rka Writ Petition No.20065 of 2023 4/5

11.07.2023 5/5