Madras High CourtCRL OP(MD)/7187/2021disposed of

Manthiramoorthy v. The Inspector Of Police

2021-06-14Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.7187 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7187 of 2021 Manthiramoorthy ... Petitioner Vs.

The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.138 of 2021) ... Respondent Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Respondent herein to produce the Petitioner's vehicle Auto bearing Registration No.TN-72-AB-9059 before the concerned Judicial Magistrate Court.

For Petitioner : Mr.S.Sundarapandian For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking a direction to the respondent police to produce the Petitioner's Auto bearing Registration No.TN-72-AB-9059 before the concerned Judicial Magistrate Court.

2. The grievance of the petitioner is that he is the owner of the Auto bearing Registration No.TN-72-AB-9059 and the vehicle was seized by the respondent police on 09.05.2021 on the basis of the F.I.R registered in Crime No.138 of 2021 dated 09.05.2021 stating that the vehicle is used for the purpose of transporting 168 TASMAC liquor bottles without valid permission and document. The vehicle was not produced before the concerned Court. So, he filed this petition.

3. The learned Public Prosecutor would submit that due to the lock down, vehicle was not produced before the concerned Court immediately and now the proceedings are underway. However, the remedy available to the petitioner is to file a petition under Section 457 of Cr.P.C before the jurisdictional Magistrate Court seeking proper relief.

4. Accordingly, this Criminal Original Petition stands disposed of with liberty to the petitioner to file a proper petition before https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.7187 of 2021 the concerned jurisdictional Magistrate Court seeking appropriate relief.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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, Perumalpuram Police Station, Tirunelveli District.

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

Crl.OP.(MD)No.7187 of 2021 14.06.2021 MGJ(03.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2