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Madras High CourtCRL OP/26526/2022dismissed

Suresh v. State Rep By Its

2022-11-02Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022 CORAM :

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Suresh ... Petitioner Vs State Rep. by The Inspector of Police Valangaiman Police Station Thiruvarur District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to modify the condition imposed by the learned Principal Sessions Judge, Thiruvarur, vide order dated 14.12.2020 made in Crl.M.P No.627 of 2020, that the petitioner shall deposit original invoice of the said vehicle, original sale deed in the name of the petitioner and also sale deed in the name of Murugesan before the learned District Munsif -cumJudicial Magistrate, Valangaiman for proper identification of the vehicle and the same should be retained by the said court. For Petitioner : Mr.G.Punniakoti For Respondent : Mr.S.Santhosh Government Advocate (Crl.side) 1/4

O R D E R

The Criminal Original Petition has been filed, seeking to modify the order of the learned Principal Sessions Judge, Thiruvarur, dated 14.12.2020 made in Crl.M.P No.627 of 2020.

2. The petitioner is said to be the vehicle owner and he has filed a petition in Crl.M.P No.627 of 2020 before the Principal Sessions Judge, Thiruvarur, seeking interim custody of the vehicle under Section 451 of Cr.P.C. The learned Principal Sessions Judge passed a conditional order for returning the property on interim custody. The petitioner has filed this petition to modify the said condition.

3. As per the conditions imposed by the learned Principal Sessions Judge, Thiruvarur, the petitioner is expected to file a petition for modification of the condition only before the concerned Court and not before this Court. However, the petitioner had filed this petition without exhausting the remedy open to him before the Principal Sessions Judge, Thiruvarur.

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4. Accordingly, this Criminal Original Petition stands dismissed. 02.11.2022 Index : Yes/ No Speaking Order:Yes/No uma To

1. The Principal Sessions Judge, Thiruvarur.

2. The Inspector of Police Valangaiman Police Station Thiruvarur District.

3.The Public Prosecutor High Court of Madras.

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R.MANJULA, J uma Crl.O.P.No.26526 of 2022 02.11.2022 4/4