M.A.Prabhakaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.30023, 30024, 30025 & 30027 of 2018 M.A.Prabhakaran

...Petitioner in Crl.O.P.No.30023/18

V.Selvaraj

...Petitioner in Crl.O.P.No.30024/18

S.Ramasamy

...Petitioner in Crl.O.P.No.30025/18

S.Subburaj

...Petitioner in Crl.O.P.No.30027/18

Vs.

The State rep by Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai.

(Crime No.1128 of 2018)

...Respondent on all Crl.O.Ps

COMMON PRAYER:

Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the Judicial Magistrate, Thiruvottiyur, Chennai, with appropriate order or orders directing the Judicial Magistrate to expeditiously dispose the case pending before her in CMP No.6568 of 2018, CMP.No.6564 of 2018, CMP.No.6549 of 2018 and CMP.No.6568 of 2018 respectively.

For Petitioners in all Crl.O.Ps : Mr.C.B.Motcham For Respondents in all Crl.O.Ps : Mr.M.Mohamed Riyaz Additional Public Prosecutor COMMON ORDER All these petitions have been filed seeking for direction to the Judicial Magistrate, Thiruvottiyur, Chennai to dispose of the petitions filed by the petitioners seeking for return of the vehicle, which has been seized by the respondent police for offences under the Mines and Minerals (Development and Regulation) Act, 1957.

2. This Court has given detailed guidelines with regard to the manner in which the petition for return of vehicle should be https://hcservices.ecourts.gov.in/hcservices/

dealt with, whenever the same is seized under the above said Act. The guidelines were given in W.P.(MD).Nos.19936 of 2017, 7595, 18606, 18802, 20487, 20259, 20948, 18917, 18428, 18429,18958 and 21485 of 2018 dated 29.10.2018.

3. Paragraph 13 of the said order specifically deals with the manner in which the concerned Courts will have to deal with the petition filed for return of vehicle.

4. All these Criminal Original Petitions are disposed of, with a direction to the Judicial Magistrate, Thiruvottiyur, Chennai, to pass appropriate orders in the petitions filed by the petitioners for return of vehicle, by following the guidelines issued by this Court in the order referred supra, within a period of two weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lpp/vsa To

1. The Judicial Magistrate, Thiruvottiyur, Chennai

2. The Inspector of Police, H-8 Thiruvottiyur Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+2cc to Mr.C.B.Motcham, Advocate, S.R.No.89082 Crl.O.P.Nos.30023, 30024, 30025 & 30027 of 2018 SSV(Co) CS/21/12/2018 https://hcservices.ecourts.gov.in/hcservices/