The Madras High Court disposed of a writ petition seeking the return of a seized mini bus. The court directed the police to produce the vehicle before the Jurisdictional Magistrate for disposal under Section 451 Cr.P.C.
Direction to the 2nd respondent (Police) to produce the seized vehicle before the Jurisdictional Magistrate thereon.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.24830 of 2018
P.Francis Raja ... Petitioner Vs 1.The Secretary, Regional Transport Authority, Srirangam, Trichy District. 2.The Inspector of Police, Musiri Police Station, Musiri, Trichy District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to release my mini bus bearing Registration No.TN 25-A-5285 forthwith.
For Petitioner : Mr.A.C.Asaithambi
For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader
ORDER
The writ petitioner's vehicle was involved in an accident. Hence Crime No. (*)322 of 2018 was registered by the second respondent for the offences under Section 279 and (*)337 of IPC. The grievance of the petitioner is that the second respondent is retaining the vehicle and did not produce the same before the Motor Vehicle Inspector. Therefore, the petitioner seeks its return.
2.The fact remains that the bus in question was seized by the second respondent in connection with a criminal case. Therefore, in the very nature of things, the vehicle will have to be produced before the Jurisdictional Magistrate.
3.The second respondent is directed to produce the vehicle forthwith before the Jurisdictional Magistrate. It is for the https://hcservices.ecourts.gov.in/hcservices/ petitioner to move the Jurisdictional Magistrate by filing a petition under Section 451 of Cr.P.C. It is directed that the
2
Jurisdictional Magistrate shall dispose of the said application on merits and in accordance with law without any delay.
4.Accordingly, this writ petition is disposed of. No costs.
Sd/Assistant Registrar(WRITS) Sd/Assistant Registrar (AS)
(*)Revised order Copy is issued
/True Copy/
Sub Assistant Registrar(CS-IV)
To
(*)To be substituted to the order dated 18.12.2018 already despacthed on 19.12.2018. 1.The Chief Judicial Magistrate, Trichy District. 2.The Secretary, Regional Transport Authority, Srirangam, Trichy District. 3.The Inspector of Police, Musiri Police Station, Musiri, Trichy District. • 1 CC TO Mr.A.C.ASAI THAMBI , ADVOCATE IN SR No.100749. +1 cc to Special Government Pleader, SR.No.101047. PNN DS RSK SAR4 21 12 2018 2P 6C
W.P.(MD)No.24830 of 2018 18.12.2018
1 issue framed by the court
Whether the police officer is entitled to retain the seized mini bus without producing it before the Magistrate.
2 provisions across 2 enactments
P.Francis Raja
The Secretary, Regional Transport Authority, Srirangam, Trichy District
The Inspector of Police, Musiri Police Station, Musiri, Trichy District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
