Madras High CourtCRL RC/73/2019dismissed

Boopathi v. The State Rep. By

2019-01-11Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Crl.R.C.No.73 of 2019 Boopathi

...Petitioner/Accused

vs.

The State, rep.by Inspector of Police, Central Crime Branch, Salem Town Police Campus, Salem-1

...Respondent/Complainant

Prayer: Petition filed under Section 397 r/w 401 of Cr.P.C. to set aside the order passed in C.M.P.No.4983 of 2018 in Crime No.16 of 2018, dated 25.10.2018, by the Judicial Magistrate No.5, Salem.

For Petitioner : Mr.A.Nagarathinam For Respondent : Mr.G.Harihara Arun Soma Sankar Government Advocate

ORDER

The above Criminal Revision Case has been filed against the order passed by the learned Judicial Magistrate, Salem, in Crl.M.P.No.4983 of 2018 in Crime No.16 of 2018, rejecting the petition filed by the petitioner herein for return of property under Section 451 of Crl.P.C.

2.The learned Judicial Magistrate rejected the petition on the ground that the property, viz., Volvo Car bearing Registration NO.TN-90-C-0003 was purchased from the money obtained from the defacto complainant for the purpose of real estate transaction.

Since the petitioner/accused himself has confessed that the car had been purchased from the money taken from the defacto complainant, the learned Judicial Magistrate felt that it was against the interest of the trial to return the property, pending finalisation of the criminal case. 3.According to the prosecution, the revision petitioner had cheated an amount of Rs.25,00,000/- and the investigation is still pending.

4.Considering the facts and circumstances of the case, this Court is of the view that if the vehicle is returned, the same may be sold by the petitioner/accused

and it will certainly hamper the progress of the trial. In the said circumstances, the learned Judicial Magistrate dismissed the petition. Therefore this Court finds that the order passed by the learned Magistrate is well founded and does not suffer from any infirmity. Hence, the present Criminal Revision Case is dismissed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Msk To 1.The Judicial Magistrate No.5, Salem.

2.The Inspector of Police, Central Crime Branch, Salem Town Police Campus, Salem-1 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Nagarathinam, Advocate, S.R.No.3167 Crl.R.C.No.73 of 2019 CA(CO) rrs 20/02/2019