Madras High CourtCRL OP/29512/2024dismissed

Ramachandran v. The State Rep By

2024-11-25Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Ramachandran ... Petitioner Vs.

The State, Rep. by the Station House Officer, Chinnasalem Police Station, (Cr.No.227 of 2024) (CP.No.62 of 2024) ... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, to modify the order dated 24.09.2024 passed by the Principal District and Sessions Judge, Kallakurichi in Crl.R.P.No.29 of 2024 by allowing the petitioner to take the interim custody of the vehicle by producing photo copy of RC book. For Petitioners : Mr.M.Anandha Kumar For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This petition is filed to modify the order dated 24.09.2024, passed by the learned Principal District and Sessions Judge, Kallakurichi, in Crl.R.P.No.29 of 2024, by allowing the petitioner to take interim custody of the vehicle upon producing a photocopy of the RC book. 1/4

2. Admittedly, there is a title dispute over the vehicle in question. Therefore, at this stage, the Court cannot conduct a roving enquiry regarding the ownership of the vehicle. The petitioner is at liberty to work out his remedy before the trial court.

3. The learned Additional Public Prosecutor, on instructions, would submit that the charge sheet has been filed through e-filing (LTN 20220002393, C202400342, dated 24.07.2024) before the learned Judicial Magistrate-II, Kallakurichi.

4. In view of the above, the learned Judicial Magistrate-II, Kallakurichi, is directed to take the charge sheet on file, if otherwise in order, and proceed further in accordance with law and dispose of the case within a period of four months from the date of receipt of a copy of this order.

5. Accordingly, this criminal original petition is dismissed. 25.11.2024 Index : Yes/No Speaking Order : Yes/No r n s 2/4

To 1.The Station House Officer, Chinnasalem Police Station.

2. The Principal District and Sessions Judge, Kallakurichi.

3. The Public Prosecutor, High Court, Madras.

3/4

P.VELMURUGAN, J r n s 25.11.2024 4/4