Madras High CourtCRL OP/2522/2021disposed of

Kanniga Parameshwari Chit Fund Pvt Ltd. v. State By,

2021-02-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.2522 of 2021 Kanniga Parameshwari Chits Private Limited, Represented by its Managing Director, Mr.A.Baskar S/o.Appadurai No.158/100, Coral Merchant Street, Mannady, Chennai - 600 001.

...Petitioner

Vs.

The Inspector of Police, N-3, Muthiyalpet Police Station, Chennai - 600 001.

(Crime No.975 of 2020) ....Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to comply the order passed by the learned XVI Metropolitan Magistrate, George Town, Chennai in Crl.M.P.No.3875 of 2020, dated 02.12.2020. For Petitioner : Mr.K.R.Gunasekar For Respondent : Mr.M.Mohammed Riyaz Additional Government Pleader

ORDER

This petition has been filed for a direction to the respondent police to comply with the order passed by the Court below in Crl.M.P.No.3875 of 2020, dated 02.12.2020. 2.The petitioner filed an application before the Court below for the return of the property. The property in question is the cash which was recovered by the respondent police in the course of investigation. The Court below by an order dated 02.12.2020 directed the respondent police to deposit the cash in the Court. The grievance of the petitioner is that the said order has not been complied with by the respondent police.

3.The learned Additional Public Prosecutor on instructions submitted that the order was passed by the XVI Metropolitan Magistrate, George Town and presently no Judicial Officer has been posted and it is only handled by an in-charge Metropolitan https://hcservices.ecourts.gov.in/hcservices/

Magistrate. The learned Additional Public Prosecutor therefore, submitted that even though the respondent police is prepared to deposit the amount, due to the absence of the Judicial Officer, the respondent police is not able to deposit the cash. 4.Taking into consideration the facts and circumstances of the case, there shall be a direction to the in-charge Metropolitan Magistrate to receive the memo filed by the respondent police along with the cash that was directed to be deposited in Crl.M.P.No.3875 of 2020, dated 02.12.2020. 5.This criminal original petition is disposed of with the above direction.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To

1. The XVI Metropolitan Magistrate, George Town, Chennai

2. The Inspector of Police, N-3, Muthiyalpet Police Station, Chennai - 600 001.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.K.R.Gunasekar, Advocate sr 7942 CRL.OP.No.2522 of 2021 LN(CO) SP(15/02/2021) https://hcservices.ecourts.gov.in/hcservices/