S.Jayaseelan v. M.Elango

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.489 of 2010 1.S.Jayaseelan S/o.Savarimuthu 2.Ramalakshmi D/o.Ayyanar .. Petitioners vs.

1.M.Elango S/o.Murthy 2.State by Inspector of Police, Kotturpuram Police Station, Chennai.

Crime No.315 of 2009 .. Respondents Criminal Revision Case filed under Section 397 and 401 Cr.P.C. against the order of learned IX Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.253 of 2010 on 15.02.2010.

For Petitioners : Mr.S.Samuel Raja Pandian For Respondents : Mr.R.Sreerangan [R1] Mr.V.Arul Additional Public Prosecutor [R2] *****

O R D E R

This revision arises against the order of learned IX Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.253 of 2010 on 15.02.2010.

2. First respondent/de facto complainant moved Crl.M.P.No.253 of 2010 on the file of learned IX Metropolitan Magistrate, Saidapet, Chennai, seeking interim custody of Innova Car bearing registration No.TN-03-C-1245 seized in connection with Crime No.315 of 2009 on the file of second respondent for offences u/s.406 and 420 r/w 34 IPC. Court below, under the impugned order, was pleased to direct interim custody of the Car in the hands of first respondent and on conditions imposed by it. There against, petitioners/accused have preferred this revision.

3. Heard learned counsel for petitioner, learned counsel for first respondent and learned Additional Public Prosecutor.

4. Court below, being satisfied that the Car return of which was sought by respondent has been purchased out of monies cheated of him by petitioners, has been pleased to pass the order under challenge. This Court finds no reason to interfere with the order under challenge. The Criminal Revision Case shall stand dismissed. 17.08.2017 Index:yes/no Internet:yes gm

To The IX Metropolitan Magistrate, Saidapet, Chennai.

C.T. SELVAM, J gm Crl.R.C.No.489 of 2010 17.08.2017