Madras High CourtCRL RC(MD)/673/2016allowed

Jeyaraj v. The Inspector Of Police

2016-09-30Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS CRL.R.C.(MD)No.673 of 2016 Jeyaraj .. Petitioner/Petitioner Vs.

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

(Crime No.151 of 2016) .. Respondent/Respondent PRAYER:

Revision filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to set aside the order of the Learned Judicial Magistrate, Valliyoor, Tirunelveli District in Cr.M.P.No.4177/2016, dated 31.08.2016 and return the petitioner's property seized by the respondent police in connection with the Crime No.151 of 2016.

For Petitioner : Mr.M.Maharaja For Respondent : Mr.P.Kandasamy Govt. Advocate

JUDGMENT

The Revision petition has been filed against the order of dismissal passed by the Judicial Magistrate, Valliyoor under Section 451 of Cr.P.C., on the ground that the ownership has not been established by way of filing any document.

2.The learned counsel for the petitioner submitted that now the petitioner is having Registration Certificate of the vehicle and no case is pending against the petitioner.

3.In view of the above said statement made by the learned counsel for the petitioner, the Revision petition is allowed and the order passed by the Judicial Magistrate, Valliyoor is set aside. However, the petitioner is directed to file another petition along with documents including the R.C.Book before the Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Valliyoor and the Judicial Magistrate, Valliyoor is directed to consider the petitioner's application and pass necessary orders forthwith, on merits and in accordance with law. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, Panaagudy Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.M.MAHARAJA, ADVOCATE IN SR No. 57838 AM SH/CK/SAR-II : 19/10/2016 : 2P/5C CRL.R.C.(MD)No.673 of 2016 30.09.2016 https://hcservices.ecourts.gov.in/hcservices/