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Madras High CourtCRL OP(MD)/4786/2022allowed

Kaleeswaran v. The Inspector Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4786 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4786 of 2022 Kaleeswaran

...Petitioner/3rd Party

Vs.

1.State represented by The Inspector of Police, Poovanthi Police Station, Sivagangai District-630611 Crime No.16 of 2018

...Respondent/ Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to release the petitioner's vehicle lorry bearing registration No.TN 67-A-1747, from the custody of the respondent police station within a stipulated time that may be fixed by this Court.

For Petitioner : M/s.R.Senthilkumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petition has been filed seeking a direction to the respondent to release the lorry bearing Registration No.TN 67 A 1747.

2.Originally, the petitioner's vehicle involved in Crime No.16 of 2018, registered for an offence under Section 21(1) of Mines and Minerals (Development and Regulation)Act, 1957 and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and Section 379 of IPC.

Thereafter, the vehicle bearing Registration No.TN 67 A 1747 was seized by the respondent and produced before the concerned jurisdictional Court. Then, the respondent completed the investigation and filed the final report and the same has been taken cognizance in C.C.No.524 of 2019 on the file of the learned Judicial Magisterate No.II, Sivagangai. All the accused persons have challenged the charge sheet in Crl.O.P.(MD) No.551 of 2020 before this Court. This Court by order, dated 03.03.2022, quashed the entire proceedings in C.C.No.524 of 2019 on the file of the learned Judicial Magistrate No.II, Sivaganagai. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4786 of 2022 3.However, the petitioner's vehicle is in deposit of C.C.No.524 of 2019. In view of the entire proceedings quashed by this Court in Crl.O.(MD)No.551 of 2020, the learned Judicial Magistrate No.II, Sivagangai, is directed to release the lorry bearing Registration No.TN 67 A 1747 to the petitioner forthwith.

4.With the above direction, this criminal original petition is allowed.

Sd/- Assistant Registrar(AD II) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) lr To 1.The learned Judicial Magistrate No.II, Sivagangai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District-630611

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

+1 CC to M/s.R.SENTHILKUMAR, Advocate (SR-11886[F] dated 14/03/2022) Crl.O.P.(MD) No.4786 of 2022 14.03.2022 MK/14.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2