Disposed

A.Baskar,S/O.Arumairaj, v. the State through

Madras HC8 May 2019WP(MD)/11674/2019

Case brief

AI extract

What is this about?

In a writ petition seeking release of a seized lorry, the Madurai Bench of the Madras High Court clarified that the jurisdictional Magistrate possesses jurisdiction to entertain the application under Section 451 Cr.P.C. The Court closed the writ petition, granting the petitioner liberty to approach the Magistrate afresh.

What did the court decide?

Liberty given to the petitioner to move the jurisdictional Magistrate afresh under Section 451 Cr.P.C; Writ Petition closed.

A.Baskar,S/O.Arumairaj, Vs the State through — Civil Procedure and Limitation | Madras HC (2019)

¶1

¶2

A.Baskar

¶3

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019 CORAM:

¶4

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶5

W.P.(MD) No.11674 of 2019

¶6

... Petitioner

¶7

vs.

¶8

1.The State through the Sub-Inspector of Police

¶9

Anjugramam Police Station Kanyakumari District (Crime No.10/2019)

¶10

2.The Assistant Director

¶11

Mines & Mineral Department Office of the District Collector Campus Kanyakumari District

¶12

3.Tahsildar

¶13

Office of the Tahsildar Campus Agastheeswaram Taluk Kanyakumari District ... Respondents

¶14

PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to release the petitioner lorry bearing registration No.TN74 L3466 and handed over the same to the petitioner.

¶15

For Petitioner : Mr.Niranjan S.Kumar

¶16

For Respondents : Mr.A.K.Baskara Pandian

¶17

Additional Government Pleader

¶18

O R D E R

¶19

Heard the learned counsel on either side.

¶20

2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

¶21

3. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the vehicle in question was produced before the jurisdictional Magistrate and that https://hcservices.ecourts.gov.in/hcservices/ the application was dismissed, on the ground that the petitioner must move the Special Court.

¶22

¶23

4. This Court makes it clear that the learned Magistrate is very much having the jurisdiction to entertain the application under Section 451 Cr.P.C. Therefore, even while closing the writ petition, the petitioner is given liberty to move the jurisdictional Magistrate afresh and on filing such fresh application by the petitioner, the learned Magistrate is directed to dispose it of on merits and in accordance with law. With this liberty to the writ petitioner, the Writ Petition is closed. No costs.

Sd/-

Vacation Officer

/ True Copy /

Sub Assistant Registrar(CS-IV)

¶28

rmk / krk

¶29

To:

¶30

1.The Sub-Inspector of Police, Anjugramam Police Station, Kanyakumari District. 2.The Assistant Director, Mines & Minerals Department, Office of the District Collector Campus, Kanyakumari District. 3.The Tahsildar, Office of the Tahsildar Campus, Agastheeswaram Taluk, Kanyakumari District. +1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-65559[F] dated 09/05/2019 ) W.P.(MD) No.11674 of 2019 08.05.2019

¶31

ES/09.05.2019/2P/5C

¶32

https://hcservices.ecourts.gov.in/hcservices/

A.Baskar,S/O.Arumairaj, v. the State through

Case brief

What is this about?

What did the court decide?

A.Baskar,S/O.Arumairaj, v. the State through

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

J.Jerold Jebadurai Vs the Controller of Examination

M.Mohammed Mohsin Vs the Registrar

Santhi, Vs the Honourable

Govindhasamy, Vs the Sub Inspector of Police

Ellis Murugan, S/O.Rajendran Vs the Inspector of Police

Duraisamy Vs the District Collector