Madras High CourtWP(MD)/12893/2017closed

P.L.A.Jeganath, v. The Superintendent Of Police

2017-08-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.12893 of 2017 P.L.A.Jeganath ..Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Armed Reserve, Madurai, Madurai District.

3. The Additional District Executive Magistrate cum-District Revenue Officer, Theni, Theni District.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to return the Revolver (Arm No.A45546/07), 4 Bullets and one Empty Cap to the petitioner by considering his representation dated 27.06.2017 within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first and second respondents to return the Revolver (Arm No.A45546/07), 4 Bullets and one Empty Cap to the petitioner by considering his representation dated 27.06.2017.

2. Heard Mr.N.Sathish Babu, learned counsel appearing for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents.

3. The learned counsel appearing for the petitioner stated that the revolver (Arm No.A45546/07) was ceased from the petitioner in connection with the criminal case and that the https://hcservices.ecourts.gov.in/hcservices/

articles were in the Court's custody. However, while passing final order, it appears that the Court has observed the articles which were ceased from the petitioner should be handed over to the Police Department.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the custody of the revolver (Arm No.A45546/07) is only with the Court and that therefore, the petitioner can approach the learned II Additional Sessions Judge, Madurai. The learned Special Government Pleader appearing for the respondents, on instructions, further submitted that the revolver (Arm No.A45546/07) and ammunitions are in the custody of learned Principal Subordinate Judge, Madurai in R.P.R.No.11 of 2014 in S.C.No.396 of 2013.

5. In view of the above submission, this petition is closed with liberty to the petitioner to approach the learned Principal Subordinate Court, Madurai and to move an application for return of articles in the manner known to law. No costs. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Armed Reserve, Madurai, Madurai District.

3. The Additional District Executive Magistrate cum-District Revenue Officer, Theni, Theni District.

+ 1 CC TO MR.N.Sathish Babu, ADVOCATE IN SR No. 74716 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 74914 rmk/mrn MK/SV MMS/SAR-1/07.09.2017/2P/6C ORDER MADE IN W.P.(MD).No.12893 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 24.08.2017