Madras High CourtCRL OP(MD)/6454/2019closed

Arumugam v. The Sub Inspector Of Police

2019-06-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.6454 of 2019 Arumugam ... Petitioner Vs.

State represented by The Sub Inspector of Police M.Pudhupatti Police Station Virudhunagar District ....Respondent Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the respondent to produce the F.I.R in the case in Crime No.41 of 2019 and vehicle bearing Registration Number TN-95-B-2322 before the Judicial Magistrate Court No.II, Sivakasi within a stipulated period.

For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.K.K.Rama Krishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to produce the F.I.R in Crime No.41 of 2019 and vehicle bearing Registration Number TN-95-B-2322 before the Judicial Magistrate Court No.II, Sivakasi within a stipulated period.

2. The petitioner is the accused in Crime No.41 of 2019 for the offence punishable under Section 4(1)(a) of Tamil Nadu Prohibition Act, 1937. The petitioner's two wheeler bearing Registration No.TN95-B-2322 was seized by the respondent police. So far the F.I.R and the vehicle have not been produced before the concerned Magistrate. Hence, the present Criminal Original Petition has been filed.

3. Mr.K.K.Rama Krishnan, learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that a crime has been registered against the petitioner/accused in Crime No.41 of 2019 for the offence under Section 4(1)(a) of Tamil Nadu Prohibition Act, 1937 and the F.I.R has also been produced before the concerned Court on the same day itself. The seized vehicle is now with the concerned department and a proceeding for confiscation has been initiated.

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

4.Considering the fact that a confiscation proceedings has been initiated, the concerned authority is directed to proceed the proceeding and pass order on merit and in accordance with law within a period of two months from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS- ) msa To:

1.The Judicial Magistrate Court No.II, Sivakasi.

2.The Sub Inspector of Police M.Pudhupatti Police Station Virudhunagar District

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

+1 CC to M/s.G.M.LAW OFFICE,Advocate(SR-66753[F] dated 04/06/2019 ) Crl.O.P.(MD)No.6454 of 2019 03.06.2019 ES/24.06.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/