Madras High CourtCRL OP(MD)/21474/2022disposed of

Kumaresan v. The Sub Inspector Of Police

2022-12-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Kumaresan ... Petitioner Vs.

1.The Sub-Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.58 of 2022) 2.Palanisamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate Court, Thiruchuzhi, Virudhunagar District to number the petitioner's return of property petition filed in SR.No.3968 under Sections 451 & 457 of Cr.P.C. Dated 13.10.2022 and to dispose the same expeditiously within the time frame fixed by this Court.

For Petitioner : Mr.R.Murugappan For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the Judicial Magistrate, Thiruchuzhi, Virudhunagar District to number the petitioner's return of property petition filed in SR.No.3968 under Sections 451and 457 Cr.P.C. dated 13.10.2022 and to dispose the same expeditiously within the time frame fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The learned counsel appearing for the petitioner would submit that the petitioner has filed a petition for returning of property under Sections 451 and 457 of Code of Criminal Procedure on 13.10.2022 before the concerned Court and the same was returned on 15.10.2022 stating that the tractors seized by the police were not produced before the Court and P.R. Number was not given.

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4. At this juncture, the learned Additional Public Prosecutor appearing for the first respondent would submit that the the property has been produced before the concerned Court and the same was received and remanded in P.R.No.271 of 2022.

5. In view of the above, the petitioner is directed to file/represent the petitioner for returning property under Sections 451 and 457 of Code of Criminal Procedure before the concerned jurisdictional Court and on such filing, the learned Judicial Magistrate is directed to proceed with the same on merits and in accordance with law.

6. With the above directions, this Criminal Original Petition stands disposed of.

05.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Sub-Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

Order made in Dated: 05.12.2022 4/4