Rangaraj vs The State Rep By
2024 Latest Caselaw 8134 Mad

Madras High Court

Rangaraj vs The State Rep By on 24 May, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                                  Crl.R.C.No.918 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 24.05.2024

                                                           CORAM:

                                  THE HONOURABLE MR. JUSTICE C.SARAVANAN

                                                     Crl.R.C.No.918 of 2024

                Rangaraj                                      ... Petitioner

                                                              Vs.
                The state rep by
                Inspector of Police,
                Periyanaickenpalayam Police Station,
                Coimbatore.
                (Cr.No.103 of 2024)                  ... Respondent

                PRAYER: Criminal Original Petition filed under Section 397 & 401 of
                Cr.P.C., to call for the records and set aside the order dated 05.04.2024 of the
                learned Judicial Magistrate No.V, Coimbatore in Crl.M.P.No.11568 of 2024
                and to direct the respondent to return the vehicle viz., JCB India Limited
                bearing registration No.TN40 AA 6428 Engine No.H00317045 and Chasis
                No.HAR3DXINA03048827 pending on the file of the respondent.


                                    For Petitioner       :Mr.D.Padmanabhan

                                    For Respondent       :Mr.S.Vinoth Kumar

                                                          ORDER

This Criminal Original Petition has been filed for a direction to set aside

the order dated 05.04.2024 passed by the learned Judicial Magistrate No.V, https://www.mhc.tn.gov.in/judis

Coimbatore in Crl.M.P.No.11568 of 2024 and to direct the respondent to return

the vehicle viz., JCB India Limited bearing registration No.TN40 AA 6428

Engine No.H00317045 and Chasis No.HAR3DXINA03048827.

2. The JCB belonging to the petitioner was seized by the respondent

police in Crime No.103 of 2024 for an offence under Sections 441, 294(b), 324,

427 & 506 (2) of IPC. The petitioner filed a petition in CMP.No.11568 of 2024

before the learned Judicial Magistrate No.V, Coimbatore seeking return of the

vehicle. This petition was not entertained by the Court below and therefore, the

present Criminal Original Petition has been filed before this Court.

3. The position of law has been clarified by this Court by the Judgment

made in Muthu Vs. The District Collector, Puducherry and others in

W.P(MD)No.19936 of 2017 etc., wherein this Court has given guidelines with

regard to the manner in which the petition filed for return of vehicle should be

entertained by the concerned Jurisdictional Court.

4. Considering the facts and circumstances of the case, after obtaining the

necessary documents from the petitioner,the vehicle shall be released within a

period of two weeks from the date of receipt of copy of this order, without https://www.mhc.tn.gov.in/judis

prejudice to the rights of the respondent subject to a condition that the

petitioner shall deposit a sum of Rs.1,50,000/- to the credit of Crime No.103 of

2024.

5. With the above direction, this criminal revision petition is disposed of.

24.05.2024 nl

Internet:Yes Index:Yes/No Speaking/Non speaking order

To

1.Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

C.SARAVANAN. J,

nl

24.05.2024

https://www.mhc.tn.gov.in/judis