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Madras High CourtCRL OP(MD)/20180/2023allowed

Senthilkumar v. The Sub Inspector Of Police

2023-11-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Senthilkumar ... Petitioner Vs.

The state represented by The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.195 of 2021)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to set aside the impugned order dated 27.09.2023 passed by the Learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in an unnumered Cr.M.P..No. of 2023 in C.N.R.No.TNVR010063842023 and to number the petition and taken on file.

For Petitioner : Mr.V.Angusamy For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/5

ORDER

This criminal original petition has been filed to set aside the impugned order dt.27.09.2023 passed by the Learned Principal District and sessions Judge, Virudhunagar District at Srivilliputhur in an unnumbered Cr MP No. Of 2023 in C.N.R.No.TNVR010063842023, and to number the petition and taken.

2.Challenging the return order passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, this petition has been filed. The grievance of the petitioner is that they have produced the relevant documents showing the ownership of the vehicle. But, the petition filed by the petitioner under Section 451 Cr.P.C. seeking interim custody of the vehicle came to be returned making some observations and finding some defects.

3.It may not be proper on the part of the trial Court to return the petition without entertaining the same on the judicial side. Whether the petition is maintainable or not, the petitioner is ready to prove the ownership of the vehicle, on the judicial enquiry. 2/5

4.The maintainability should not be decided on the administrative side without even numbering the petition. It must be taken on the judicial side and also opportunity must be given to the petitioner. On the sole ground, the above said order is liable to be set aside. 5.Accordingly, the impugned order dated 27.09.2023 passed by the Learned Principal District and sessions Judge, Virudhunagar District at Srivilliputhur in an unnumbered Cr.M.P.No. .. of 2023 in C.N.R.No.TNVR010063842023, is hereby set aside. Let the above said returned petition be represented before the Principal District and sessions Judge, Virudhunagar District at Srivilliputhur, by the petitioner. The learned Principal District and Sessions Judge, shall process the above said petition and decide the same on its judicial side. For that purpose, let the above said petition be returned back to the petitioner by the Registry.

6.With the above said directions, this Criminal Original Petition is allowed.

09.11.2023 3/5

NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal District and sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.195 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 09.11.2023 5/5