Madras High CourtWP(MD)/9224/2024disposed of

Shanmugaraja R v. The Superintendent Of Police

2024-04-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI R.Shanmugaraja ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from insisting upon the petitioner to surrender his Toyota Innova Car bearing Registration No.TN 63 AE 8949 in connection with the case in Crime No.94 of 2024 registered on the file of the second respondent police station. For Petitioner : Mr.S.Malaikani For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor

O R D E R

The petitioner has approached this Court that the second respondent to release the petitioner's vehicle, viz., Toyota Innova Car bearing Registration 1/4

No.TN 63 AE 8949 in connection with the case in Crime No.94 of 2024 registered on the file of the second respondent police station. 2.The learned Additional Public Prosecutor submits that the vehicle bearing Registration No.TN 63 AE 8949 was involved in Crime No.94 of 2024 on the file of the Karaikudi South Police Station for the offence under Sections 147, 294(b), 323, 324, 506(1) and 379 of IPC. 3.The case of the complainant is that the accused persons have come to the place of occurrence in a vehicle bearing Registration No.TN 63 AE 8949 and caused the occurrence. The vehicle's registration number is mentioned in the FIR itself and therefore, during the investigation, they have searched for the vehicle and immediately, the petitioner has approached this Court. 4.

Since the second respondent police is taking a plea that the vehicle is involved in a crime, this Court is not inclined to grant the relief as sought for. It is open to the petitioner to hand over the vehicle to the Investigating Agency. If the vehicle is seized by the second respondent police in connection with this case, the same may be remanded before the concerned Judicial Magistrate immediately.

also workout his remedy, in the event if the vehicle is unnecessarily being roped in this case.

5.With the above directions, this Writ Petition is disposed of. No costs. 16.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

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

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B.PUGALENDHI,J sji Order made in W.P.(MD)No.9183 of 2024 16.04.2024 4/4