Madras High Court
Petitioner vs State Represented By on 23 December, 2022
Crl.O.P.(MD) No.22949 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD) No.22949 of 2022
P.Gopalakrishnan,
: Petitioner
Vs
State represented by
The Inspector of Police,
Manamadurai Police Station,
Sivagangai District
(Crime No. 493 of 2021).
: Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to Set Aside the return Docket Order, dated 22.09.2022, on the file
of learned Principal District Judge, Sivagangai and consequently direct the
learned Judge to take the petition filed by the petitioner under Sections 457
and 451 of Cr.P.C. for return of vehicle on file and decide it on merits in
manner known to law.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.22949 of 2022
For Petitioner : Mr.S.Radhaventhere
For Mr.R.Muthuram
For R1 : Mr.M.Muthumanikkam
Government Advocate (Crl.Side)
ORDER
This criminal original petition has been filed seeking to set aside the return Docket Order, dated 22.09.2022, on the file of learned Principal District Judge, Sivagangai and consequently direct the learned Principal District Judge to take the petition filed by the petitioner under Sections 457 and 451 of Cr.P.C. for return of vehicle on file and decide on merits.
2.The learned Counsel appearing for the petitioner would submit that the vehicle in dispute was owned by the accused and the petitioner had purchased the vehicle subsequent to the registration of the case against the accused. He would further submit that the petitioner has filed an application before the learned Principal District Judge, Sivagangai and the learned Judge returned the same, vide order, dated 22.09.2022, directing the petitioner to furnish some particulars and produce certain documents. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.22949 of 2022
3.It is evident from records that the learned Principal District Judge, Sivagangai, has directed the petitioner to produce the vehicle owner's Identity Card, xerox copy of the original RC Book and to furnish particulars about the engine and chasis numbers and also custody of the original RC Book. Now, the petitioner's present prayer is to direct the concerned Court to consider the agreement alleged to have been entered into between the petitioner and the accused with regard to the ownership of the vehicle.
4.As rightly contended by the learned Government Advocate (Crl.Side), the above aspect canvassed by the learned Counsel appearing for the petitioner is a matter for consideration of the learned Principal District Judge, Sivagangai and the same cannot be gone into by this Court at this stage.
5.In view of the above, liberty is given to the petitioner to re-present the petition filed under Sections 457 and 451 Cr.P.C., by producing the documents sought for in the return docket order and by furnishing the required particulars. On such re-presentation, the learned Principal District Judge, Sivagangai, is directed to take the petition on file, consider the same and pass orders on merits and in accordance with law. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.22949 of 2022
6.With the above directions, this criminal original petition stands disposed of.
23.12.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr To
1.The Inspector of Police, Manamadurai Police Station, Sivagangai District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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