1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No. 13961 of 2011 Dr.A.P.Inicko Raj : Petitioner Vs. 1. The Director General of Police Chennai 2. The Superintendent of Police Trichy District 3. The Superintendent of Police Nagapattinam District 4. The Inspector of Police K.K.Nagar Police Station Trichy (Crime No. 53 of 2007) 5. The Inspector of Police Nagoor Police Station Nagapattinam District (Crime No. 398 of 2007) : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondents to return back the petitioner's two- wheeler bearing Registration No. TN 45 AC 5928, Bajaj Pulsar to the petitioner. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R The petitioner is the de-facto complainant in Crime No. 53 of 2007 on the file of the fourth respondent herein. 2. According to the case of the prosecution, the vehicle belonging to the de-facto complainant was stolen away. Now it is stated that the said vehicle bearing Registration No. TN 45 AC 5928, has been seized during investigation. But the same has not been returned to the petitioner. With this grievance, the petitioner has approached this Court with this Petition seeking direction to the respondents to return the petitioner's vehicle. 3. This Petition is listed today under the caption for 'maintainability'. 4. In my considered opinion, this Petition is not maintainable in view of the specific provision contained under Section 457 of Cr.P.C., https://hcservices.ecourts.gov.in/hcservices/ 2 which mandates a Magistrate to look into the matter and pass appropriate orders and the remedy of the petitioner lies elsewhere either before the learned Magistrate or in any other manner known to law. When the petitioner's case will have to be considered in accordance with law invoking of Section 482 of Cr.P.C., cannot be encouraged. 5. In view of all these reasons, I do not find any reason to issue a direction. Hence this petition deserves to be dismissed. 6. Accordingly, this petition is dismissed with liberty to the petitioner to seek his remedy in the manner known to law. Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar To 1. The Director General of Police, Chennai. 2. The Superintendent of Police, Trichy District. 3. The Superintendent of Police, Nagapattinam District. 4. The Inspector of Police K.K.Nagar Police Station, Trichy. 5. The Inspector of Police, Nagoor Police Station, Nagapattinam District. 6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsg SR : 14.11.2011 : 2p/7c Crl.O.P.(MD).No. 13961 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/