Dismissed

The Inspector of Police v. P.Rajeshkumar

Madras HC7 Jan 2014CRL RC(MD)/627/2013

Case brief

AI extract

What is this about?

This judgment dismisses two criminal revision petitions filed by the State under Sections 397 and 401 Cr.P.C. against orders directing police to produce seized vehicles under Section 451 Cr.P.C. The court held petitions premature as vehicles were not yet handed over but directed production within 15 days, referencing key precedents.

What did the court decide?

Police directed to produce seized TVS XL Super Two wheelers before lower court within 15 days of order receipt; revisions dismissed.

The Inspector of Police Vs P.Rajeshkumar — Execution and Attachment | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.01.2014

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THE HON'BLE MRS.JUSTICE ARUNA JAGADEESAN

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CRL.R.C.(MD) Nos. 627 and 628 of 2013 In Crl.R.C.No.627 of 2013:

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State by Inspector of Police, C.S.C.I.D.Virdhunaar, (Crime No.266 of 2013)

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... Petitioner/Complainant

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Vs. P.Rajeshkumar ... Respondent/Accused

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Prayer: Criminal revision petition filed under Section 397 and 401 of Criminal Procedure Code to call for the records pertaining to the order passed in Cr.M.P.No.4600(a)/13 dated 26.07.2013 on the file of the Judicial Magistrate Court No.I, Virdhunagar and set-aside the same and pass any such other orders as this Court may deem fit in the circumstances of the case.

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For Petitioner : Mrs.S.Prabha Government Advocate

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For Respondent : Mr.D.Farjana Goushia

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In Crl.R.C.No.628 of 2013:

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State by Inspector of Police, C.S.C.I.D.Virdhunaar, (Crime No.265 of 2013)

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... Petitioner/Complainant

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Vs. M.Perumal ... Respondent/Accused

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Prayer: Criminal revision petition filed under Section 397 and 401 of Criminal Procedure Code to call for the records pertaining to the order passed in Cr.M.P.No.4603(a)/13 dated 26.07.2013 on the file of the Judicial Magistrate Court No.I, Virdhunagar and set-aside the same and pass any such other orders as this Court may deem fit in the circumstances of the case.

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For Petitioner : Mrs.S.Prabha Government Advocate For Respondent : Mr.D.Farjana Goushia

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O R D E R

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The revisions are filed by State against the order passed by the learned Judicial Magistrate Court No.I, Virdhunagar in Cr.M.P.Nos. 4600(a)/13 and 4603(a)/13 dated 26.07.2013 directing the police to https://hcservices.ecourts.gov.in/hcservices/ produce TVS XL Super Two wheelers bearing Registration Nos. TN 67 AV 7544 and TN 67 AV 4644 on or before 31.07.2013 so as to enable the court to pass an order under Section 451 Cr.P.C.

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Heard the learned Government Advocate appearing for State

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and the learned counsel appearing for the respondents and perused the materials available on record.

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The learned Magistrate has not passed any order handing over

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the vehicles to the respondents. When such is the position, the revisions are premature and are not maintainable.

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However, the learned Magistrate while passing orders under Section 451 C.P.C shall keep in view of the order passed by this Court in Crl.O.P.No.5278 of 2007 dated 09.07.2010 in Sundaram Finance Ltd rep. by its Branch Manager Vs.State of Tamil Nadu rep. by Inspector of Police, Kaveripatttinam Police Station, Krishnagiri Taluk and Another and in Crl.R.C.No.501 of 2011 in Sakthidevi Vs. State by the Inspector of Police, Thitachery Police Station, Nagapattinam District and the decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat reported in AIR 2003 SC 638 .

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Further, the police is directed to produce the TVS XL Super Two wheelers bearing Registration Nos. TN 67 AV 7544 and TN 67 AV 4644 before the lower court within 15 days from the date of receipt of copy of this order.

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