S.Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Ganesan ... Petitioner Vs.

The State represented by The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.234 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the docket order dated 16.10.2023 and direct the Judicial Magistrate Court, Alangulam, Tenkasi District to take on file and number the return of vehicle petition unnumbered Cr.M.P.No. Of 2024 in Crime No.234 of 2023 on the file of the respondent police and to direct the same on merits in accordance with law within time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition is directed against the docket order dated 16.10.2023 and for direction to the learned Judicial Magistrate, Alangulam, Tenkasi District to number the return of vehicle petition in unnumbered Cr.M.P.No. Of 2024 in Crime No.234 of 2023 on the file of the respondent police.

2. In pursuance of the direction of this Court, the learned Judicial Magistrate, Alangulam has submitted a report dated 23.02.2024 stating that return of the petition has been made only for the reason that without taking away the bio medical waste from the lorry by way of disposal through appropriate mode, an effective order could not be passed in the petition.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondent has submitted a report of the Sub Inspector of Police, Alangulam Police Station, wherein, it has been stated that as per the direction of the Court and as per the advise of the Tamil Nadu Pollution Control Board, bio 2/4

medical waste came to be removed on 03.10.2023 and they have also produced the copy of the destruction mahazar.

4. Recording the same, the learned Judicial Magistrate, Alangulam is directed the take the petition for return of vehicle petition on file, if it is otherwise in order and pass orders in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands allowed.

15.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note : Registry is directed to return the original papers to the petitioner, after getting necessary acknowledgments.

To 1.The Judicial Magistrate, Alangulam.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 15.10.2024 4/4