Mr.Rajapandi v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.Nos.247 & 239 of 2025 and Crl.MP.No.1884 of 2025 Crl.RC.No.247 of 2025 Rajapandi .....

Petitioner Vs The State rep. by Inspector of Police, (crime No.131 of 2024) .....

Respondent PRAYER: Criminal Revision Case filed under Section 438 r/w 448 of BNSS, 2023, praying to set aside the order of dismissal in Crl.MP.No.15538 of 2024 dated 11.12.2024 on the file of XVI Metropolitan Magistrate, George Town, Chennai and consequently direct the respondent police the De-freeze the petitioners ICICI Bank Account No.621601503037, Periyakulam Branch, Theni.

For Petitioner : Mr.D.Selvam For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)

Crl.RC.No.239 of 2025 Rajapandi .....

Petitioner Vs 1.Karthick 2.The State rep. by Inspector of Police, (crime No.131 of 2024) .....

Respondents PRAYER: Criminal Revision Case filed under Section 438 r/w 448 of BNSS, 2023, praying to call for the records relating to the order dated 27.01.2025 passed in Crl.MP.No.16056 of 2024 on the file of XVI Metropolitan Magistrate, George Town, Chennai and set aside the same by allowing the revision petition.

For Petitioner : Mr.D.Selvam For Respondents For R1 : Mr.S.Prabhudoss For R2 : Mr.A.Gopinath, Government Advocate(crl.side) COMMON ORDER Both the criminal revision cases have been filed against the order of allowing the defacto complainant to receive cash by way of return of property and the dismissal of the petition to defreeze the bank account of the

petitioner.

2.

Heard, the learned counsel appearing on either side. 3.

The case of the prosecution is that the defacto complainant lodged complaint on 12.04.2024 alleging that he is engaged in the business of car dealership. He had purchased a car through OLX auction for a sum of Rs.20,00,000/- bearing registration No.TN 12 AP 0001. After purchase of the car, it was parked in the parking of his premises. However, it was stolen by the accused. During investigation, it is revealed that the petitioner had already sold out the car and received sale consideration. Thereafter, he had stolen the car. According to the defacto complainant, the sale consideration was paid through cash and Rs.5,00,000/- was paid by bank transaction. Therefore, the account of the petitioner was freezed by the respondent during investigation. Insofar as the amount which is lying in the petitioner's account, the trial court directed to return in favour of the defacto complainant. That apart, during investigation, the respondent also found that the petitioner is operating two cars under the same registration.

4.

Therefore, the trial court rightly ordered to return the money in

favour of the defacto complainant and also the bank account of the petitioner was freezed. Further, it is seen that the investigation is still pending. Therefore, the respondent is directed to complete the investigation and file final report within a period of twelve weeks from the date of receipt of copy of this order and on filing such final report, the petitioner shall be at liberty to approach the trial court praying for defreezing his bank account. 5.

With the above directions, these criminal revision cases stand dismissed. Consequently, the connected miscellaneous petition is closed. 16.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The XVI Metropolitan Magistrate, George Town, Chennai 2.Inspector of Police, 3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

lok Crl.R.C.Nos.247 & 239 of 2025 and Crl.MP.No.1884 of 2025 16.07.2025