The petitioner sought the return of a passport seized as M.O. in a murder case. The Court dismissed the petition for non-maintainability, noting it was filed directly without approaching the concerned lower court first.
The Criminal Original Petition is dismissed with liberty to file appropriate petition before the concerned Court.
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.
Crl.O.P.(MD).No.3271 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD).No. 3271 of 2020
Rajaram ...Petitioner/Accused
Vs.
State rep. By, The Inspector of Police, Thilagar Thidal Police Station (L & O), Madurai City, Madurai-625 001. ...Respondent/Complainant
PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the IV Additional District and Sessions Judge, Madurai (PCR Court) to return the passport of the petitioner marked as M.O.No.7 in S.C.No.139 of 1999 on the file of the IV Additional District and Sessions Judge, Madurai (PCR Court).
For Petitioner : Mr.I.Saliyakhan For Respondent : Mr.S.Chandarasekar Additional Public Prosecutor
O R D E R
The Criminal Original Petition is filed to direct the IV Additional District and Sessions Judge, Madurai (PCR Court) to return the passport of the petitioner marked as M.O.No.7 in S.C.No.139 of 1999 on the file of the IV Additional District and Sessions Judge, Madurai (PCR Court).
2.The learned counsel appearing for the petitioner would submit that the petitioner was tried for offence under Section 302 of IPC r/w Section 34 IPC in S.C.No.139 of 1999 by the IV Additional District and Sessions Judge, Madurai (PCR Court). At the time of investigation, the petitioner's passport was seized and the same was marked as M.O.No.7 and after trial, the petitioner was found guilty for the offence under Section 302 of IPC r/w Section 34 of IPC and the petitioner was directed to undergo the life imprisonment. Against the judgment of the conviction and sentence, the petitioner had filed an appeal in C.A.No.471 of 2001 and the same was dismissed by confirming the conviction and sentences. Thereafter, he was released permanently on 03.09.2018. Since the passport was not returned, the present petition has been filed.
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Crl.O.P.(MD).No.3271 of 2020
3.It is seen that this petition for return of passport has been filed before this Court directly without approaching the concerned court.
4.Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to file appropriate petition before the concerned Court.
Sd/-
ASSISTANT REGISTRAR(AS)
TRUE COPY
/ /2020 SUB ASSISTANT REGISTRAR(CS)
vsg
To
1.The IV Additional District and Sessions Judge (PCR Court), Madurai . 2.The Inspector of Police, Thilagar Thidal Police Station (L & O), Madurai City, Madurai-625 001.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.I.SALIYAKHAN, Advocate ( SR-8024[F] dated 25/02/2020 )
Crl.O.P.(MD).No.3271 of 2020 25.02.2020
MKB(13.03.2020)/2P/5C
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1 issue framed by the court
Whether a criminal original petition can be filed directly before the High Court to return a passport seized in a marriage certificate case without filing the application in the concerned court first.
Rajaram
State rep. By, The Inspector of Police, Thilagar Thidal Police Station (L & O), Madurai City
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
