Madras High CourtCRL OP(MD)/8842/2020disposed of

K.Mathanaraj v. The Inspector Of Police

2020-08-24Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8842 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8842 of 2020 K.Mathanaraj ... Petitioner Vs.

The Inspector of Police, Ariyamangalam Police Station, Trichy District.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent herein to surrender the lorry (Eicher 11-10 Model) Vehicle bearing No.TN50 T 7068 to the concerned Judicial Magistrate No.VI, Trichy related to the Crime No.34 of 2020 Crl.M.P.No.832 of 2020.

For Petitioner : Mr.B.Saravanan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondent herein to surrender the lorry (Eicher 11-10 Model), which was seized as material object in Crime No.34 of 2020, to the concerned Judicial Magistrate No.VI, Trichy, in Crl.M.P.No.832 of 2020.

2.The learned counsel for the petitioner would submit that while at the time of disposing Crl.M.P.No.832 of 2020, dated 13.02.2020, the learned Judicial Magistrate No.VI, Trichy, directed the respondent police to produce the above referred lorry immediately. Though the said order was passed in the month of February, 2020, the respondent police has not obeyed the order passed by the learned Judicial Magistrate No.VI, Trichy. 3.In this regard, the learned Government Advocate appearing for the respondent made an undertaking on behalf of the respondent to produce the said vehicle, within a period of one week from the date of order.

4.Now the circumstances indicated by the petitioner clearly prove that the respondent police is not in a position to obey the order passed by the learned Judicial Magistrate No.VI, Trichy. Therefore, if this type of act committed by the respondent police is not interfered, the function of judiciary would be affected. Hence it would be appropriate to direct the Commissioner of Police, Trichy, to take disciplinary proceeding against the Inspector of Police, who is responsible for disobeying the order passed by the learned Judicial Magistrate No.VI, Trichy and the respondent is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8842 of 2020 directed to produce the vehicle, within a period of one week from today.

5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 judicial Magistrate No VI Trichy.

2.The Commissioner of Ploice, Trichy.

(With Emclosure of order copy in crl.MP.No 832 of 2020 dated 13.02.2020 of the Judicial Magistrate No VI, Trichy 3.The Inspector of Police, Ariyamangalam Police Station, Trichy District.

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

Crl.O.P.(MD)No.8842 of 2020 24.08.2020 KB(27.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2