The Court issued a direction to release a seized JCB vehicle deposited with the police and ordered the District Judge to immediately accept and adjudicate the petition for its return.
Direction to police to deposit the seized JCB vehicle to the District Judge and direct the District Judge to consider the return petition on merits.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.12758 of 2020
Mahendhiran ...Petitioner
Vs.
The Inspector of Police, Chengalpet Taluk Police Station, Chengalpet District. (Crime No.58 of 2020). ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge, Chengalpattu to take on file the petition filed by the petitioner in Crl.MP.Sr.No.1177 of 2020 praying to release his vehicle, JCB bearing registration number as TN-47-Y-7969 seized in Crime No.58 of 2020 and hand over the same to the petitioner within the stipulated time frame.
For Petitioner :Mr.L.Ramu For Respondent :Mr.S.Karthikeyan Additional Public Prosecutor
This Criminal Original Petition has been filed for a direction, to direct the learned District and Sessions Judge, Chengalpattu to take on file the petition filed by the petitioner in Crl.MP.Sr.No.1177 of 2020 praying to release his vehicle, JCB bearing registration number as TN-47-Y-7969 seized in Crime No.58 of 2020 and hand over the same to the petitioner within the stipulated time frame.
Crl.MP.SR.No.1177 of 2020, the same was taken on file and is kept pending disposal. In view of the prevailing COVID-19 Pandemic situation as there was a circular to entertain only most urgent petitions.
Crl.O.P.No.12758 of 2020
AJS(CO) RV(03/11/2020)
1 issue framed by the court
Whether the Direction to the District Judge to take on file the return of property petition is supported by urgency.
Colour shows how this judgement treated each authority
Petition Crl.MP.Sr.No.1177 of 2020Referred¶113
3 provisions across 2 enactments
Mahendhiran
The Inspector of Police, Chengalpet Taluk Police Station, Chengalpet District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
