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Madras High CourtWP/8856/2025dismissed

M.Parvin v. The Directorate Of Vigilance And Anti-Corruption

2025-03-17Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8856 of 2025 M.Parvin ... Petitioner Vs.

1.The Directorate of Vigilance and Anti-Corruption, Represented by the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City-I Detachment, Chennai 600 028.

2.T.Udayakumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to return to the petitioner all the title deeds of the properties of the petitioner taken away by the first respondent from the petitioner's house and the premises of the second respondent consequent upon the registration of FIR in Crime No.7/2011/AC/CC-I. For Petitioner : Mr.M.Mubarak Ahmad

For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This writ petition has been filed seeking a direction to the first respondent to return all the original title deeds of the petitioner's properties, which were seized by the first respondent in connection with the registration of FIR in Crime No. 7/2011/AC/CC-I.

2. Heard both sides and perused the materials placed on record.

3. The petitioner was arrayed as A2 among seven accused persons in the FIR registered by the first respondent in Crime No. 7 of 2011. Pursuant to the registration of the FIR, the original title deeds were seized from the petitioner's possession for the purpose of investigation. On completion of the investigation, a final report was filed and the same has been taken cognizance in C.C. No. 25 of 2013 on the file of the Special Court for the Trial of Cases under the Prevention of Corruption Act, Chennai. During the pendency of the trial, the charge sheet against all

accused persons, including the petitioner, was quashed, except for A6. Consequently, the proceedings now continue only as against A6 and the case has been renumbered as C.C. No. 14 of 2019 which is pending trial before the Additional Special Court for the Trial of Criminal Cases related to Elected Members of Parliament and Members of the Legislative Assembly, Chennai.

4. Since no trial is pending as against the petitioner, the documents seized from the petitioner, which are presently deposited before the Trial Court, may be sought for return. The petitioner is, therefore, directed to approach the Trial Court by filing an appropriate application for the return of documents. On receipt of such an application, the Trial Court shall consider the same and pass appropriate orders for the return of documents within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition stands disposed of. No costs.

17.03.2025 : Yes/No Speaking/non-speaking order shk To

1. Special Court for the Trial of Cases under the Prevention of Corruption Act, Chennai 2.Additional Special Court for the Trial of Criminal Cases related to Elected Members of Parliament

and Members of the Legislative Assembly, Chennai. 3.The Directorate of Vigilance and Anti-Corruption, Represented by the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City-I Detachment, Chennai 600 028.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

W.P.No.8856 of 2025 17.03.2025