Crl.O.P. under S.482 Cr.P.C. seeking direction to recover stolen silver cups and shields from accused Suyambu. Court permitted parties to provide info to investigating agency rather than issuing specific direction to seize.
Please provide all information to the investigating officer for the purpose of recovery of articles; petition closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.08.2016
CORAM:
THE HONOURABLE DR. JUSTICE S.VIMALA
Crl.O.P.(MD).No.10052 of 2016
Ashok Kumar
.. Petitioner
Vs.
The Inspector of Police (Crime), South Gate Police Station, Madurai -1. (Crime No.443 of 2016)
.. Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent police to seize the stolen property from the accused Suyambu in Crime No.443 of 2016 dated 26.04.2016 on the file of the respondent Police.
For Petitioner : Mr.M.Patturajan
For respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)
For intervener : Mr.C.Muthusaravanan
ORDER
It is an application seeking a direction to the respondent police to recover the stolen property viz., Silver cups and Shields from one Suyambu.
2.Heard the learned counsel for the petitioner, learned counsel for the intervener / Mr.S.Suyambu and the learned Government Advocate (Crl. Side) for the respondent.
3.The learned counsel for the petitioner would submit that the accused is making arrangement to go abroad and that the stolen goods worth about Rs.5 lakhs were not recovered by the respondent police till date. Hence, he has come up with this petition.
4.The learned Government Advocate (criminal side) would submit that the respondent police is taking earnest efforts to recover the stolen property and the investigation is on and that Syambu https://hcservices.ecourts.gov.in/hcservices/ from whom the property is sought to be recovered retired from service on 31.05.2016.
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5.It is for the investigating agency to find out with whom the stolen articles were available and who was the person responsible for maintaining the same and from whom it should be recovered. These details are to be collected during investigation. Hence, all the parties are permitted to provide all the information to the investigating officer, which shall be used by the investigating officer for the purpose of recovery of articles.
6.With the above direction, this Criminal Original Petition is closed.
Sd/-
Assistant Registrar (T&P) /True Copy/
Sub Assistant Registrar
gcg To
1.The Inspector of Police (Crime), South Gate Police Station, Madurai -1.
2.The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.M.Pattarajan, Advocate Sr.No.46633
+1CC to Mr.C.Muthu Saravan, Advocate Sr.No.47291
GJM/SS2/20.9.16-2p-5C
Crl.O.P(MD)No.10052 of 2016 23.08.2016 (2/2)
2 issues framed by the court
Whether the court can direct the police to seize stolen property from a specific accused without further investigation.
Whether the court can direct the police to recover stolen goods from an accused who is allegedly making arrangements to go abroad.
1 provisions across 1 enactments
Ashok Kumar
The Inspector of Police (Crime), South Gate Police Station, Madurai
S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
