Kanagaveerapandian v. The Inspector Of Police

Crl.O.P.(MD)No.12960 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.12960 of 2020 Kanagaveerapandian ... Petitioner vs.

The Inspector of Police, Peravurani Police Station, Peravurani, Thanjavur District.

... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent police to conduct proper enquiry for filing additional report in respect of the petitioner's vehicle viz., Mahindra Tractor bearing registration No.TN-55-BY-6181 seized by the respondent police in connection with the Crime No.170 of 2019 dated 24.09.2019.

For Petitioner : Mr.B.Anandan For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition has been filed to direct the respondent police to conduct proper enquiry for filing additional report in respect of the petitioner's vehicle viz., Mahindra Tractor bearing registration No.TN-55-BY-6181 seized by the respondent police in connection with the Crime No.170 of 2019 dated 24.09.2019. 2.The learned counsel for the petitioner would state that the petitioner is the owner of the Mahindra Tractor bearing registration No.TN-55-BY-6181. On 24.09.2019, along with 2 other Tractors, the petitioner's Tractor was also seized for the alleged illegal transportation of the river-sand and in the FIR, his Tractor was mentioned as Red Colour Tractor. Thereafter, the petitioner requested the respondent/Police to release his vehicle and since it was not responded, he filed W.P(MD)No.

7945 of 2020, in which, it was informed that already the said vehicle had been produced before the concerned jurisdictional criminal court and therefore, this Court by order dated 23.07.2020, directed the petitioner to file necessary application for release of vehicle before the concerned court within two weeks. Accordingly, when the petitioner filed application under Section 451 Cr.P.C before the Principal District and Sessions Court, Thanjavur, it was returned stating that registration number of the https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.12960 of 2020 vehicle was not mentioned in the FIR and therefore, the petitioner was directed to get additional report from the respondent and then re-present the application. According to the petitioner, despite his repeated requests, the respondent/Police had not taken any steps to file additional report before the jurisdictional criminal court. Hence, this petition.

3.The learned Additional Public Prosecutor would state that though initially in the FIR, registration number of the petitioner's Tractor was not mentioned, now, the respondent/Police has found out the same and therefore, would pray for four weeks time to file additional report.

4.Recording the above submission made by the learned Additional Public Prosecutor, the respondent is directed to file additional report before the concerned jurisdictional criminal court within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) bala 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.

1)The Inspector of Police, Peravurani Police Station, Peravurani,Thanjavur District.

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

ORDER MADE IN Crl.O.P(MD)No.12960 of 2020 DATED : 23.11.2020 pu(CO) TR(04.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2