Madras High CourtCRL OP(MD)/8456/2017disposed of

Akila v. The Inspector Of Police

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD] No.8456 of 2017 Akila : Petitioner vs.

1.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

2.The Sub Inspector of Police, Pappanadu Police Station, Thanjavur District.

3.Kannadasan 4.Vetrivendhan 5.Murugaiyan (R3 to R5 has been impleaded vide order dated 08.09.2017.) : Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to seize the petitioner's husband's scorpio car bearing registration No.TN 07 BF 2805 from the custody of the accused persons in connection with the FIR in Crime No.46 of 2017 on the file of the second respondent police by considering the petitioner's representation dated 22.06.2017 and consequently to produce the above car before the learned District Munsif Court cum Judicial Magistrate, Orathanadu within the time that may be stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R4 & R5 : Mr.R.Sivasubramanian

ORDER

This criminal original petition has been filed for a direction to the respondents to seize the secured car belonging to the petitioner, which is in custody of the accused person in Crime No.46 of 2017.

2.The learned counsel for the petitioner would submit that the FIR has been registered by the respondent police for the offence under Sections 294(b), 324, 506(ii) and 379 (NP) IPC. The car belonging to the petitioner was stolen by the accused persons and https://hcservices.ecourts.gov.in/hcservices/

the said car was not seized by the respondent police and produced before the Court, in order to enable the petitioner to take back the car.

3.The learned Government Advocate (Crl.Side) for the respondents 1 and 2 on instructions would submit that the respondent police is not in position to trace the car. However, if sufficient time is given to the respondent police, they will take necessary action in the course of investigation.

4.In the facts and circumstances of the case, there shall be a direction to the second respondent to complete the investigation and also file a final report in Crime No.46 of 2017 within a period of one month from the date of receipt of a copy of this order. In the course of investigation, the respondent police shall also seize the car, if so required in the course of investigation. 5.This criminal original petition is disposed of with the above direction.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar(CS-IV) mm To 1.The District Munsif Judge cum Judicial Magistrate, Orathanadu.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

3.The Sub Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

+1cc to Mr.M.S.Jeya Karthik, Advocate in SR No.86302 +1cc to Mr.T.A.Ebenezer, Advocate in SR No.86692 https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD] No.8456 of 2017 NM/RP/SAR IV/12.10.18/2P/7C