PARTHASARATHI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to set aside the order in C.M.P.No.4242/2018 dated 03.08.2018 on the file of the Judicial Magistrate Court, Alanthur, Chennai and to return the vehicle registered bearing No.TN05-BR 3330 in Crime No.437 of 2018 pending investigation on the file of the Inspector of Police, Kanathur Police Station.

(2.) The respondent police has registered a case in Crime No.437/2018 on 24.06.2018 under Sections 148, 353, 307 and 506(ii) IPC and Section 25 (1B) (a) of the Arms Act against one C.D.Mani and his group.

(3.) It is the case of the police that the said C.D.Mani travelling in Mahindra XUV 500 car bearing registration No.TN05 BR 3330 opened fire at the police. In the course of the investigation in the said case, the said car used by the accused has been seized and produced before the Judicial Magistrate, Alandur. Parthasarathy, the father of C.D.Mani, filed a C.M.P.No.4242 of 2018 under Section 451 of Cr.P.C., for interim custody of the said property, which has been dismissed by order dated 008.2018, challenging which, the father of C.D.Mani, viz., Parthasarathy is before this Court.