Madras High CourtCRL OP(MD)/9257/2018disposed of

Saravanan v. The Inspector Of Police

2018-09-05Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.9257 of 2018 Saravanan : Petitioner Vs.

The Inspector of Police, P.E.W Alangulam Police Station, Alangulam.

Crime No.1053 of 2017 : Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the respondent to implement the order dated 20.12.2017 in Cr.M.P.No.6006 of 2017 on the file of the learned Judicial Magistrate Court, Alangulam by directing the respondent police to produce the Scopio vehicle bearing Registration No.TN72AZ5551 before the learned Judicial Magistrate Court, Alangulam. For Petitioner : Mr.J.Ashok For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(criminal side)

ORDER

This criminal original petition has been filed for a direction to the respondent police to comply with the order passed by the Court below and produce the vehicle before the Court below.

2. It is seen from the records that the vehicle belonging to the petitioner is a subject matter for an offences under Sections 4

(1) (aaa), 4(1) (A) TNP Act, 468, 471 and 473 of I.P.C. in Crime No.1053 of 2017.

3. The petitioner had filed a petition before the Court below for a direction to the police to produce the vehicle belonging to the petitioner. The Court below has also passed an order dated 20.12.2017 directing the respondent police to produce the vehicle before the Court below. This order has not been complied with by the respondent. Hence, the present petition has been filed. In view of the order passed by the Court below, the respondent police is bound to comply with the order and produce the vehicle before the Court below. If the respondent police is aggrieved by the order of the Court below, the same should be challenged in the manner known to law and without doing so, the respondent police cannot continue to hold the vehicle in disobedience of the order passed by the Court below.

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4. Therefore, there shall be a direction to the respondent police to produce the vehicle belonging to the petitioner before the learned Judicial Magistrate Court, Alangulam within a period of one week from the date of receipt of copy of this order.

5. The criminal original petition is disposed of with the above direction.

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar (CS-I) To 1.The Judicial Magistrate, Alangulam.

2.The Inspector of Police, P.E.W Alangulam Police Station, Alangulam.

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

+1cc to Mr.J.Ashok., Advocate, SR.No.82552 Crl.O.P.[MD].No.9257 of 2018 05.09.2018 SJI KK/SKN/SAR-1/28.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/