Madras High CourtCRL OP(MD)/11235/2015disposed of

R.Vetrivel v. The Inspector Of Police,

2015-06-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11235 of 2015 R.Vetrivel .. Petitioner Vs.

The Inspector of Police, Siruganur Police Station, Trichy.

(Crime No.67 of 2015) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to remove the seal affixed by him on the petitioner's agricultural land and house comprised in Survey No.386/3, Survey No.386/5A2, Survey No.383/3, Survey No.385/1, Survey No.385/2 and Survey No.385/1 respectively situated at Kumulur Village, Lalgudi Taluk, Trichy District.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mrs.S.Prabha Government Advocate (Crl.side)

O R D E R

Seeking a direction to unlock the seal, the petitioner has come up with this petition.

2. The petitioner is said to be the owner of the agricultural land. It appears that the case has been registered, in pursuant to the investigation based upon the allegation that an attempt is made to sell Pondicherry liquor without authorisation.

3. The petitioner's house and agricultural land were sealed whereas the alleged occurrence was said to have been happened within the said house. The petitioner has not been arrayed as an accused in the First Information Report. Since, all the persons involved are juveniles, after registration, the case has been referred to the Juvenile Justice Board, Trichy.

2. Heard both sides and perused the records carefully.

3. Considering the facts and circumstances of the case, and the contentions made by both the learned counsels, this court is of the view that as the petitioner has not been arrayed as an accused, his house cannot be kept under seal.

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4. In the result, the respondent is directed to remove the seal within one week from the date of receipt of a copy of this order.

5. This Criminal Original Petition is disposed of, with the above direction.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Siruganur Police Station, Trichy.

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

+1cc to M/S. T.Lenin Kumar, Advocate in SR.No 33434 TS/ 13.07.2015/2P - 4C Crl.O.P.(MD)No.11235 of 2015 24.06.2015 https://hcservices.ecourts.gov.in/hcservices/