V.Mugilan v. The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.11.2021

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.R.C.NO.397 OF 2020 V.Mugilan ... Petitioner/Petitioner

Versus

1. The Sub-Inspector of Police, Edaiyur Police Station.

2. A.Ramalingam, S/o, Appadurai [R2 is impleaded as per order in Crl.M.P.No.3286 of 2020 in Crl.R.C.No.397 of 2020 dated 12.03.2020] ... Respondents PRAYER: Criminal Revision Petition filed under Sections 397 and 401 of the Code of Criminal Procedure, to call for the records pertaining to the order in Crl.M.P.No.835 of 2020 in Cr.No.98 of 2019 dated 18.02.2020 from the learned Judicial Magistrate, Thiruthuraipoondi and set aside the same and consequently to direct the respondent to return the vehicle bearing No.TN 07 R7272, to the petitioner.

For Petitioner : Mr.P.Vijendran For R1 : Mr.Raj Tilak Additional Public Prosecutor

ORDER

This Criminal Revision Petition has been filed to call for the records pertaining to the order dated 18.02.2020 passed in Crl.M.P.No.835 of 2020 on the file of the Judicial Magistrate, Thiruthuraipoondi and to set aside the same and consequently to direct the first respondent to return the vehicle bearing Registration No.TN 07 R7272, to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the official respondent would submit that the petition in Crl.M.P.No.835 of 2020 has been filed for return of property pending investigation. The petitioner is arrayed as A5 in the case. He would further submit that the first respondent has completed investigation and final report has also been filed and the same has been taken on the file in S.C.No.58 of 2021 before the Principal District and Sessions Court, Thiruvarur and after trial, the case has ended in acquittal.

3. In view of the above, the Criminal Revision Petition stands dismissed. However, the petitioner is granted liberty to approach the concerned Court and file appropriate petition in accordance with law for seeking return of property. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mfa To

1. The Principal District and Sessions Judge, Principal District and Sessions Court, Thiruvarur.

2. The Judicial Magistrate, Judicial Magistrate Court, Thiruthuraipoondi.

3. The Sub-Inspector of Police, Edaiyur Police Station, Thiruvarur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.58283 CRL.R.C.No.397 of 2020 NMI(CO) RLP(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/