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Madras High CourtWP(MD)/8325/2021disposed of

Umesh v. The Inspector Of Police

2021-04-27Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.8325 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN W.P.(MD)No.8325 of 2021 Umesh

...Petitioner

/Vs./ 1.The Inspector of Police, CSCID, Madurai.

2.The Inspector of Police, CSCID, Tirunelveli, Tirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to release the petitioner's (three Wheeler) PIAGGIO APE XTRA- bearing Registration No.TN 75 E o426 seized by the second respondent police in connection with crime No.59 of 2021, dated 26.03.2021 on the basis of the petitioner's representation dated 16.04.2021. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.R.Srinivasan Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed seeking a direction to the respondents to release the petitioner's vehicle bearing Registration No.TN 75 E o426 seized by the second respondent police in connection with crime No.59 of 2021, dated 26.03.2021 on the basis of the petitioner's representation dated 16.04.2021. 2.The learned counsel for the petitioner submits that the vehicle belongs to the petitioner involved in the alleged occurrence and it was seized by the second respondent in connection with crime No.59 of 2021. The said vehicle was not involved in the occurrence and the petitioner plied the vehicle only for commercial and agricultural purpose. Now the vehicle is under the custody of the second respondent and it was not produced before the concerned Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8325 of 2021 3.The learned Government Advocate(crl.side) would submit that if the grievance of the petitioner is that inspite of seizure of the vehicle it was not produced before the concerned Court, the remedy available to him is only under Section 457 of Cr.P.C, but without availing that remedy, the petitioner approached this Court. 4.Considering the facts and circumstances of the case, the remedy available to the petitioner is only under Section 457 of Cr.P.C. Therefore, the petitioner is at liberty to approach the concerned Court under Section 457 of Cr.P.C., seeking proper relief. 5.With the above liberty, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 Inspector of Police, CSCID, Madurai.

2.The Inspector of Police, CSCID, Tirunelveli, Tirunelveli District.

W.P.(MD)No.8325 of 2021 27.04.2021 DKS(CO) TR(09.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2