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Madras High CourtCRL RC/51/2025dismissed

D.Vignesh v. State Rep By

2025-02-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN D.Vignesh ... Petitioner Vs.

The State by The Inspector of Police D4, Jambazaar Police Station Chennai (Crime No.36 of 2024) ... Respondent Prayer: Criminal Revision Case filed under under Section 401 of Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai-8 dated 03.10.2024.

For Petitioner : Mr.C.Raja For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order passed in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai -8 dated 03.10.2024.

2. The case of the petitioner is that the petitioner's mobile phone (I Phone-14 Promax) and two wheeler bearing Regn. No.TN-05-AZ3063 were seized by the respondent police in connection with Crime No.36 of 2024 for the offence under Sections 8(c), 22(d) and 25 of NDPS Act on the allegation that the accused person was in found in possession of banned 34 TYDOL100mg tablet. Therefore, the petitioner filed a petition in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai, seeking interim custody of the said mobile phone. But the Magistrate without considering the grievance of the petitioner, dismissed the petition by order dated 03.10.2024. Hence, the present revision is filed.

3. Heard both sides and perused the materials available on record. 2/5

4. It is seen that the investigation is pending and the charge sheet has not been filed. Therefore, at this stage, this Court is not inclined to interfere with the order passed by the Magistrate.

5. Accordingly, this Criminal Revision Case is dismissed.

6. However, the petitioner is at liberty to work out his remedy before the trial Court after the filing of the charge sheet. 12.02.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The II Chief Metropolitan Magistrate, Egmore, Chennai -8

2. The Inspector of Police D4, Jambazaar Police Station Chennai

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 12.02.2025 5/5