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Madras High CourtCRL OP(MD)/14124/2021disposed of

Kr.Annamalai v. The Deputy Commissioner Of Police

2021-11-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty third day of September Two Thousand and Twenty One

Present

The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). 14124/ 2021 KR.Annamalai ... Petitioner/De-facto Complainant - Vs. - 1.The Deputy Commissioner of Police, (Crime), Madurai District.

2.The Inspector of Police, K.Pudur Branch, Madurai.

(Cr.No.701/2021) .

... Respondents/Complainant Prayer :

This petition filed under section 482 of Cr.P.C. directing the 2nd respondent police to take custody of the prime accused in order to seize the balance stolen properties weight about 4474.00 kilo grams of stainless steel belongs to the BHEL, Ranipet Government of India and based on the representation dated 05.08.2021 in connection with crime No. 701 of 2021 on the file of the respondent police. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.RM.Arun Swaminathan, Advocate for the Peitioner and of Mr.K.Sanjai Gandhi,Government Advocate (Crl Side) for the respondents, this Court made the following order: This petition is filed seeking direction to the 2nd respondent to take appropriate action for recovering the stolen properties weigh about 4474.0 kgms, which belongs to BHEL, Ranipet Government of India.

2.When the matter is taken up for hearing, the grievance that has been expressed by the petitioner is that even though the prime accused has been arrested and remanded to judicial custody, only a portion of stolen properties have been recovered. The balance has not been recovered so far. No action has been taken by the Investigation Officer by taking the prime accused into custody for recovery.

3.The learned Government Advocate (Crl.side) appearing for the respondents would submit that the final report has already been presented before the learned Judicial Magistrate No.VI, Madurai on 31.07.2021, but it has not been taken on file so far. https://hcservices.ecourts.gov.in/hcservices/ 4.Let a report be called for from the learned Judicial

Magistrate No.VI, Madurai as to the stage of the final report that has been presented by the respondent police herein. In the meantime, the learned Government Advocate (Crl.side) may get instructions from the official respondents with regard to the balance of stolen properties.

5.List the matter for final disposal on 11.11.2021. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Mm TO

1. The Judicial Magistrate, No.VI. Madurai

2. The Deputy Commissioner of Police, (Crime), Madurai District.

3. The Inspector of Police, K.Pudur Branch, Madurai.

4.The Registrar (Judicial) Madurai Bench of Madras High Court Madurai

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 23/09/2021 Next hearing date : 11/11/2021 ==========================

ORDER

========================== CRL OP(MD). No.14124 of 2021 Giving direction and etc.

as stated within.

RD(1.10.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/