S. John Joseph v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD) Nos.15677 and 15678 of 2013 and M.P.(MD) Nos. 1 and 1 of 2013 S.John Joseph
...Petitioner in
Crl.O.P.(MD)Nos.15677 & 15678 of 2013 Vs.
The Sub Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.
In Crime No.4 of 2013.
....Respondent in Crl.O.P.(MD)Nos.15677 & 15678 of 2013 COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to Crl R.C. Nos. 19 and 20 of 2013 dated 24.07.2013 on the file of III Additional Sessions Judge, Tirunelveli respectively by confirming the order passed by the learned Judicial Magistrate Ambasamudram order dated 20.02.2013 passed in Crl.M.P.Nos. 1213 and 1214 of 2013 and set aside the same.
For Petitioner : No appearance in Crl.O.P.(MD)Nos.15677 & 15678 of 2013 For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) in Crl.O.P.(MD)Nos.15677 & 15678 of 2013 C O M M O N O R D E R These Criminal Original Petitions have been filed to call for the records relating to Crl.R.C. Nos. 19 and 20 of 2013, dated 24.07.2013, on the file of III Additional Sessions Judge, Tirunelveli, by confirming the order passed by the learned Judicial Magistrate, Ambasamudram, order dated 20.02.2013 passed in Crl.M.P.Nos. 1213 and 1214 of 2013 and set aside the same.
2. The petitioner herein is arrayed as accused in Crime No.4 of 2013, on the file of the respondent Police. The said
case has been registered by the respondent Police, for the offence punishable under Section 379 of IPC. During the time of investigation, the respondent Police recovered the Tractors bearing Regn. Nos. TN 76 V 0903 and TN.25 F 1075 from the petitioner.
3. During the course of trial proceedings, the petitioner herein filed petitions in Crl.M.P.Nos.1213 and 1214 of 2013, before the learned Judicial Magistrate, Ambasamudram, for the interim custody of the above said vehicles and the same have been dismissed on 20.02.2013. Against which, the petitioner filed revisions in Crl.R.C.Nos.19 and 20 of 2013, before the III Additional Sessions Judge, Thirunelveli, in which, the III learned Additional Sessions Judge, confirmed the order passed by the said Magistrate. Against which, the petitioner approached this Court by way of these petitions.
4. Today, when the matters were taken up for hearing the learned Government Advocate (Crl. Side) appearing for the State made representation that in the case in Crime No. 4 of 2013 (C.C.No. 297 of 2013), in which, the petition mentioned properties were recovered and the same have been disposed of on 23.11.2013 in the Lok Adalat held at Ambasamudram. He further submitted that during the time of arriving settlement, the vehicles, which were involved in the offence, were returned to the petitioner and he has also produced a copy of the order passed in the said Lok Adalat.
5. Recording the said submission made by the learned Government Advocate (Crl. Side) , these Criminal Original Petitions are dismissed as infructuous. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The III Additional Sessions Judge, Tirunelveli.
2. The Sub Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Trp AE/SV MMS/SAR4/11.04.2018/3P/4C Crl.O.P.(MD) Nos.15677 and 15678 of 2013 and M.P.(MD) Nos. 1 and 1 of 2013 16.03.2018