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Madras High CourtCRL OP/28911/2018disposed of

G.Saroja v. The Sub Inspector Of Police

2018-12-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28911 of 2018 and Crl.M.P.No.904 of 2018 G.Saroja

...Petitioner/Accused (A-1)

-VsThe State Rep. by its The Inspector of Police, Tindivanam Police Station, Villupuram District (Crime No.904 of 2018) ...Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct learned Judicial Magistrate, Tindivanam to entertain, consider and dispose of the petition U/s.451 of Cr. PC on the filing the said petition before the said Court in Crime No.904 of 2018 pending on the file of the Sub-Inspector of Police, Tindivanam Police Station.

For Petitioners: Mr.Sunder Mohan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking for a direction to the Court below to dispose of the petition filed under Section 451 of Cr.Pc. by the petitioner.

2. The respondent police have registered an FIR in Crime No.904 of 2018 for an alleged offense under Section 121

(1) of Mines and Minerals (Development & Regulation) Act 1957, Section 36(A) of MMDR Rules and 379 of IPC.

3. The petitioner is the owner of the lorry and therefore, the present petition was filed before the Court below seeking for return of a lorry & sand. Since the same has not been considered, this petition has been filed before this Court.

4.

This Criminal Original petition is disposed of with a direction to the learned Judicial Magistrate, Tindivanam to consider the petition filed by the petitioner in the light of Judgment of this Court passed in W.P(MD) Nos.19936 of 2017 etc., batch dated 29.10.2018, within a period of ten days from the date of receipt of copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

5.

Accordingly, this criminal original petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rka/ssr To

1. The Judicial Magistrate Court, Tindivanam.

2. The Inspector of Police, Tindivanam Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras. + 1 cc to Mr. T. Sundar Mohan, Advocate Sr.85285 Crl.O.P.No.28911 of 2018 (CS-IV) EU(12/12/2018) https://hcservices.ecourts.gov.in/hcservices/