Petitioner sought direction to Magistrate allowing surrender of vehicle impounded by police. Court held it cannot waive procedural steps for police seizure and seized vehicles produced beforehand under Cr.P.C.
Petition to direct Magistrate to allow surrender of vehicle dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2019
CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.4664 of 2018
S.Megala .. Petitioner
Vs.
The Inspector of Police, Mecheri Police Station, Mettur Taluk, Salem District. .. Respondent
Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the Judicial Magistrate No.II at Mettur to allow the petitioner to surrender the vehicle registration No.TN52 F 2787 for the Crime No.528 of 2017 on the file of respondent police and return the same to the petitioner forthwith.
For Petitioner : Mr.K.Sathish Kumar
For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R
This petition has been filed for a direction to the Judicial Magistrate No.II, Mettur to allow the petitioner to surrender the vehicle in Crime No.528 of 2017.
2.The petitioner claims to be the owner of the property and submits that the vehicle belonging to the petitioner has been shown to be involved in a Crime registered in Crime No.528 of 2017. Pursuant to the same, the respondent police is taking steps to seize the vehicle. Therefore, the present petitioner was filed stating that the petitioner herself will surrender the vehicle before the Court and seek for return of the vehicle.
3.The relief as sought for by the petitioner cannot be granted by this Court. It is for the respondent police to take a decision regarding the seizure of the vehicle and producing the same before the Court and the petitioner cannot volunteer to handover the vehicle before the Court. This is a procedure which is unheard of and not in line with the provisions of the Code of Criminal Procedure.
4.In the result, this Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vs
To
1.The Judicial Magistrate No.II,
Mettur.
2.The Inspector of Police,
Mecheri Police Station,
Mettur Taluk,
Salem District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.K.Sathishkumar, Advocate, S.R.No.48244
Crl.O.P.No.4664 of 2018
PM(CO)
RRS(01/07/2019)
1 issue framed by the court
Whether a criminal original petition filed to direct a magistrate to allow the petitioner to surrender an impounded vehicle can be granted.
1 provisions across 1 enactments
S.Megala
The Inspector of Police, Mecheri Police Station, Mettur Taluk, Salem District
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
