T.Thayanantham v. Jitendra Jing Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CRL RC No. 159 of 2022 T.Thayanantham S/o.Thavasu, No.15/31-3, Anna Nagar, Vasantha Cross St., Dharapuram, Tiruppur.

Petitioner(s) Vs

1. Jitendra Jing Rao Partner M/s.Dua Gold LLP, No.110, Ward No.48, Megricar Road, R.S.Puram, Coimbatore-2.

2.The State Through The Inspector Of Police, CCB, Coimbatore City.

Respondent(s) PRAYER Criminal Revision case filed under Section 397(1) r/w 401 of Cr.P.C., as against the order passed in C.M.P.No.23/2021 dated 04/01/2021 on the file of the Judicial Magistrate No.VII, Coimbatore, in Crime No.53/2020 (on the file of the 2nd respondent).

For Petitioner(s):

Mr.C.Vakeeswaran For Respondent(s):

Mr.K.Balasubramaniam for R1 Mr.A.Amarnath for R2 Counsel for State (Criminal Side)

ORDER

This Criminal Revision Case has been filed as against the order passed in C.M.P.No.23 of 2021 dated 04.01.2021, on the file of Judicial Magistrate No.VII, Coimbatore.

2.The case of the prosecution is that on the basis of the complaint given by the complainant/1st respondent, a case was registered in Crime No.53 of 2020, on the file of the 2nd respondent Police and the Judicial Magistrate No.VII, Coimbatore has taken cognizance of the same.

3.The de facto complainant has filed an application for return of case properties in CMP No.23 of 2021, under Section 451 of Cr.PC.. The said order was put to challenge before the Court in the present revision. The learned Judicial Magistrate No.VII, Coimbatore, had passed the following order. Prosecution side has no objection to handover the case properties. Case property is jewels and weight is 1762.270 gms. Authorisation letter and deed of partnership firm are perused. Since there is no objection from prosecution side and the case properties were identified by the complainant side, case properties are ordered to be handed over to petitioner/ owner of case properties subject to following conditions and undertaking of petitioner to return the jewels as and when court directs is recorded.

(i) Petitioner shall produce case properties as and when court directs. (ii) Petitioner shall execute own bond for Rs.75 lakhs.

(iii) Petitioner shall not alter or encumber the case properties till disposal of the case.

Sd/-- 4.1.2021 4.On perusal of the impugned order, it is seen that the learned Magistrate has directed that the petitioner shall produce case properties as and when the Court directs and shall execute a bond for Rs.75/-lakhs and further directed not to alter or encumber the case properties till the disposal of the case. It is settled law that there is no necessity to give notice to the accused in the present application, as it was filed by the accused.

5.In view of the same, the order passed by the learned Magistrate does not suffer from any infirmity, the revision petition is dismissed as devoid of merits. It is further directed as the case is pending from the year 2021, the learned Judicial Magistrate is directed to complete the trial as expeditiously as possible in C.C.No.2021, on the file of Judicial Magistrate No.VII, Coimbatore. In the result, this criminal revision case is dismissed. 22-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes kp

To 1.The State through The Inspector Of Police, CCB, Coimbatore City.

2.Judicial Magistrate Court Judicial Magistrate No.VII, Coimbatore.

N.SENTHILKUMAR J.

kp CRL RC No. 159 of 2022 22-06-2026