Madras High CourtCRL OP(MD)/4134/2021dismissed

Parvathi v. The Superintendent Of Police

2021-08-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD).No.4134 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.4134 of 2021 Parvathi ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.Inspector of Police, Valliyur Police Station, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.41 of 2020)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the respondents to return the 3 sovereign gold necklace and other documents seized from the petitioner by the second respondent on 20.02.2020 in connection with Crime No.41 of 2020 pending before the third respondent. For Petitioner : No apperance For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor.

ORDER

This petition has been filed to direct the respondents to return the 3 sovereign gold necklace and other documents seized from the petitioner by the second respondent on 20.02.2020 in connection with Crime No.41 of 2020 pending before the third respondent. 2.When the matter is taken up for hearing, there is no representation for the petitioner. Even on the earlier occasion also, there was no representation for the petitioner. 3.The learned Additional Public Prosecutor would submit that the property involved in Crime No.41 of 2020 has been remanded before the Judicial Magistrate, Valliyur on 23.04.2021 in R.P.No.108 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.4134 of 2021 of 2021. Final Report was also filed and the same was not taken on file so far.

4.Since the property has been remanded before the Judicial Magistrate Court, Valliyur, the petitioner has to file proper petition before the concerned Court, seeking appropriate relief. So, this Criminal Original Petition may not lie in the circumstances. 5.In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 judicial Magistrate, Valliyur, Tirunelveli District.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.Inspector of Police, Valliyur Police Station, Tirunelveli District, Tirunelveli.

4.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.4134 of 2021 24.08.2021 ES(CO) KB(01.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2