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Madras High CourtCRL OP(MD)/8429/2022dismissed

Ajithkumar v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8429 of 2022 Ajithkumar

...Petitioner

Vs.

1. State representated by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

(In Cr. No.164/2021)

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

4. The Tahsildar, Taluk Office, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the docket order passed by the Hon'ble Principal Sessions Judge, Ramanathapuram dated 04.03.2022 in Crl.M.P.No. Unnumbered of 2022 and set aside the same, consequently direct the Hon'ble trial court to take up the petition in Crl.M.P. Unnumbered of 2022 on the file of the Learned Principal Sessions Judge, Ramanathapuram on the file and pass order on merits in accordance with law.

For Petitioner : Mr. R. Alagumani For Respondents : Mr. R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to call for the records pertaining to the docket order passed by the Hon'ble Principal Sessions Judge, Ramanathapuram dated 04.03.2022 in Crl.M.P.No. Unnumbered of 2022 and set aside the same, consequently direct the Hon'ble trial court to take up the petition in Crl.M.P. Unnumbered of 2022 on the file of the Learned Principal Sessions Judge, Ramanathapuram on the file and pass order on merits in accordance with law.

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2. The petitioner's vehicle bearing Reg.No.TN 65 AK 2745 was involved in Crime No.164 of 2021 for the offences under Sections 279 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. In fact the petitioner's vehicle already involved in similar offence and it was returned to the petitioner on condition that the petitioner shall not involve the said vehicle for any offence. Thereafter the petitioner violated the undertaking and involved in the present case, hence the petition filed by the petitioner was dismissed and confirmed by the order passed by this Court in Crl.RC(MD) No.714 of 2021. While being so, the petitioner filed a petition for return of vehicle on the ground that the respondent police was already directed to file a final report and the same was not complied with.

It is not the ground for the petitioner to file another petition before the Court below for return of vehicle, hence the trial Court has rightly returned the petition filed by the petitioner on its own merits and this Court finds no illegality or infirmity in the order passed by the Court below.

3. In view of the same, the petition stands dismissed. Sd/- Assistant Registrar (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

4. The Tahsildar, Taluk Office, Ramanathapuram District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-22736[F] dated 29/04/2022 ) Crl.O.P.(MD) No.8429 of 2022 29.04.2022 MGJ(24.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/