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Madras High CourtCRL OP(MD)/12619/2019disposed of

Radhakrishan v. The Inspector Of Police

2019-09-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12619 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12619 of 2019 Radhakrishnan

...Petitioner

Vs.

The State through by its The Sub Inspector of Police Nathampatti Police Station Viruthunagar District.

( Crime No. 96 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned Special District Sessions Court, Srivilliputtur to number the petition filed by the petitioner under section 451 and 457 of Cr.P.C. seeking return of vehicle bearing registration No.TN72 AA9762 (Swaraj Mazda Tractor cum Trailer) in respect of Crime No. 96 of 2019 on the file of the respondent police on representation.

For Petitioner : Mr.T.Antony Arul Raj For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the learned Special District Sessions Court, Srivilliputtur to number the petition filed by the petitioner under section 451 and 457 of Cr.P.C. seeking return of vehicle bearing registration No.TN72 AA9762 (Swaraj Mazda Tractor cum Trailer) in respect of Crime No. 96 of 2019 on the file of the respondent police on representation.

2. Today when the matter is taken up for hearing the Government Advocate (Crl.Side) would submit that no special Court has been constituted for offences under Mines and Minerals Act. The case has been registered in Crime No.96 of 2019 for the offences under Sections 379 of IPC and 21(4) of Mines and Minerals (Development and Regulation Act) 1957. Now petition for return of vehicle under Section 451 and 457 of Cr.P.C was filed by the petitioner before the learned Judicial Magistrate No.I, Sriviliiputhur, Virudhunagar District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12619 of 2019

3. Under such circumstances , the petitioner is directed to represent the same before the learned Judicial Magistrate No.I, Sriviliiputhur, Virudhunagar District for return of vehicle and on receipt of the same, the learned Magistrate is directed to consider the same and pass order on merits and in accordance with law.

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

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.I, Sriviliiputhur, Virudhunagar District.

2. The Sub Inspector of Police Nathampatti Police Station Viruthunagar District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.T.ANTONY ARUL RAJ, Advocate SR-85847. Crl.O.P.(MD) No.12619 of 2019 09.09.2019 CS(20.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2