Madras High CourtCRL OP(MD)/16285/2021disposed of

K.Balamurugan v. The Commissioner Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.16285 of 2021 K.Balamurugan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to secure the petitioner's stolen two wheeler namely Hero Splendor bearing Registration No.TN 67 BJ 0480 which connected with Crime No.202 of 2021 on the file of the Rameshwaram Town Police Station and hand over the same to the petitioner within time frame.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.Veeranthiran, Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 2.The petitioner is the defacto complainant in Crime No.202 of 2021 on the file of the third respondent under Section 379 of IPC. The petitioner's vehicle was stolen and it has now been secured. The police have handed over the same to the jurisdictional court. The petitioner therefore has to move the jurisdictional court under Section 451 of Cr.PC for return of vehicle.

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

3.This criminal original petition may not really be maintainable. It stands dismissed. Liberty is given to the petitioner to file a petition under Section 451 of Cr.PC before the jurisdictional court which will dispose of the same on merits and in accordance with law within three days thereafter. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Skm 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 Commissioner of Police, Madurai City, Madurai.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-36933[F] dated 02/12/2021 ) Crl O.P.(MD)No.16285 of 2021 01.12.2021 MGJ(02.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2