Madras High CourtCRL OP(MD)/211/2022disposed of

Esthar Lawrensa v. The Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.211 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.211 of 2022 Esthar Lawrensa ... Petitioner Vs The Inspector of Police, Thiruvattaru Police Station, Thiruvattaru, Kanyakumari District.

(Crime No.496 of 2020) ... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal Sessions Judge, Nagercoil to dispose of the case in Crl.M.P.No.3962 of 2021 within a stipulated time given by this Court.

For Petitioner : Mr.G.Radhakrishnan For Respondent : Mr.M.Sakthi Kumar Government Advocate (crl.side)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.) appearing for the respondent.

2. The petitioner filed Crl.M.P.No.3962 of 2021 seeking interim custody of the petition mentioned vehicle. The said vehicle was seized in connection with Crime No.496 of 2020 registered on the file of the respondent.

3. The grievance of the petitioner is that even though the case was reserved 'for orders' as early as on 01.10.2021, till date, the petition has not been disposed of.

4. The learned Government Advocate on the other hand would state that since the petitioner failed to produce the documents, the petition could not be disposed of.

5. If the court below is satisfied that the petitioner is entitled to relief, the petition can be allowed. There is no justification for keeping the petition pending. Therefore, the learned Sessions Judge is directed to dispose of the petition mentioned petition on merits and in accordance with law within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.211 of 2022 period of three days from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) // True Copy // 07/01/2022 Sub Assistant Registrar(CS-II) rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Sessions Judge, Nagercoil.

2.The Inspector of Police, Thiruvattaru Police Station, Thiruvattaru, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.211 of 2022 06.01.2022 RK(07/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2