Madras High CourtCRL OP(MD)/12599/2021dismissed

Sivapriya v. The Inspector Of Police

2021-09-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12599 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12599 of 2021 Sivapriya ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Tirunelveli District.

...Respondent

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Judicial Magistrate No.I, Tirunelveli to dispose of the petition bearing Crl.M.P.No.7117 of 2020 in Crime No.7 of 2020 on the file of District Crime Branch within time frame. For Petitioner : Mr.Susikumar For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Judicial Magistrate No.I, Tirunelveli to dispose of the petition bearing Crl.M.P.No.7117 of 2020 in Crime No.7 of 2020 on the file of District Crime Branch within time frame.

2. The grievance of the petitioner is that even though the case has been registered against him, he is not involved in the above said alleged occurrence. The property involved in the offence has been seized and now it is in the custody of the first respondent herein. So, he filed a petition before the Judicial Magistrate Court No.I, Tirunelveli, which is kept pending without any progress. 3.The learned Additional Public Prosecutor would submit that case has been registered against this petitioner and final report was filed before the concerned Court and the next date of hearing is 25.06.2021. Property has been produced through Form 91 on 14.06.2021 and now it is in the custody of the Judicial Magistrate No.I, Tirunvelveli.

4.Since the property has been produced before the concerned Court, the petitioner is at liberty to approach the Judicial Magistrate Court No.I, Tirunelveli, seeking interim custody of the property through appropriate proceedings. The petitioner shall file appropriate petition before the Judicial Magistrate Court No.I, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12599 of 2021 Tirunelveli, and on filing of such petition, the learned Magistrate may consider the same on merits after hearing the parties concerned.

5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Court No.I, Tirunelveli, 2.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

Crl.O.P.(MD)No.12599 of 2021 01.09.2021 RK (16.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2