Kamala v. The State Rep By The Assistant Commissioner Of Police

In the High Court of Judicature at Madras Dated : 04.7.2023 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.31025 of 2022 Kamala

...Petitioner

Vs 1.The State, rep.by the Assistant Commissioner of Police, Avadi Range, Chennai.

2.The Inspector of Police (L&O), T-15, SRMC Police Station, Porur, Chennai.

...Respondents

PETITION under Section 482 of the Criminal Procedure Code praying to direct the second respondent to produce the case property before the Judicial Magistrate Court-1 at Poonamallee in Cr.No.453 of 2022 on the file of the second respondent.

For Petitioner :

Mr.A.Ramesh For Respondents :

Mr.A.Gopinath, Government Advocate (Crl.Side) 1/4

ORDER

This is a petition filed by the petitioner seeking a direction to the second respondent to produce the case properties before the learned Judicial Magistrate No.1, Poonamallee in Cr.No.453 of 2022 on the file of the second respondent.

2. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. When the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, has submitted that the case properties have already been produced before the Court below on 04.1.2023 in P.I.No.1 of 2023.

4. On the other hand, the learned counsel for the petitioner has submitted that there are totally five case properties in this case and out of the same, only three case properties have been produced. It is further submitted that the investigation was completed, that the final report has already been filed and that the case is now pending in S.C. 2/4

No.145 of 2023 before the Principal District & Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Prevention of Atrocities Act, Thiruvallur.

5. It is left open to the petitioner to file appropriate petition before the the Principal District & Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Prevention of Atrocities Act, Thiruvallur, by pointing out to the case properties that were recovered by the respondents and if any of the case properties has not been deposited into the Court below, it shall be brought to the notice of the Trial Court. The Trial Court shall consider the said request of the petitioner and ensure that all the case properties are properly brought before the Court below.

6. The above criminal original petition is disposed of in the above terms.

04.7.2023 RS 3/4

N.ANAND VENKATESH,J RS To 1.The Assistant Commissioner of Police, Avadi Range, Chennai. 2.The Inspector of Police (L&O), T-15, SRMC Police Station, Porur, Chennai.

3.The Principal District & Sessions Judge, Special Court for Exclusive Trial of Cases registered under SC/ST Prevention of Atrocities Act, Thiruvallur.

4.The Judicial Magistrate No.1, Poonamallee.

5.The Public Prosecutor, High Court, Madras.

04.7.2023 4/4