Madras High CourtCRL OP(MD)/11697/2015disposed of

Arokiyamary v. The Inspector Of Police

2015-06-25Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11697 of 2015 Arokiyamary ... Petitioner Vs.

The Inspector of Police, Somarasampettai Police Station, Trichy District.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the learned Judicial Magistrate No.V, Trichy to permit the petitioner to sell her Maruthi Omni Car vehicle bearing Registration No.TN-48-P-4043 in C.M.P.No.7116 of 2010, dated 09.12.2010.

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

ORDER

This Criminal Original Petition is filed for a direction to direct the learned Judicial Magistrate No.V, Trichy to permit the petitioner to sell her Maruthi Omni Car vehicle bearing Registration No.TN-48-P-4043 in C.M.P.No.7116 of 2010, dated 09.12.2010.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3. The petitioner is the owner of the vehicle bearing Registration No.TN-48-P-4043. Neither the petitioner nor the driver of the vehicle has been arrayed as an accused in Crime No.111 of 2010. Though the case has been registered in the year 2010, charge sheet is yet to be filed.

4. A perusal of the records would go to show that already an order was passed in C.M.P.No.7116 of 2010. Now, the petitioner seeks permission to sell the vehicle. For the same, the petitioner has to file an application before the learned Judicial Magistrate No.V, Trichy instead of filing this Criminal Original Petition.

5. Accordingly, this Criminal Original Petition is disposed of with liberty to the petitioner to file an application before the learned Judicial Magistrate No.V, Trichy. As and when such petition is filed, the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate No.V, Trichy shall take the same on file and decide the same on its own merits.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.V, Trichy.

2.The Inspector of Police, Somarasampettai Police Station, Trichy District.

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

+1cc to M/S. N.Ananda Kumar, Advocate in SR.No. 33756 TS/09.07.2015/2P -5C Crl.O.P.(MD)No.11697 of 2015 25.06.2015 https://hcservices.ecourts.gov.in/hcservices/