N.Raja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:10.04.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.4437 of 2024 N.Raja .. Petitioner /versus/ State rep.by The Inspector of Police, Vigilance & Anti Corruption, Dharmapuri.

(Cr.No.3/AC/2022) .. Respondent Criminal Revision Case has been filed under Sections 397 & 401 of Cr.P.C., to set aside the order passed by the learned Special Judge/Chief Judicial Magistrate in C.M.P.No.395 of 2022in Crime No.03/AC/2022 dated 12.04.2022, and order directing the respondent to return the case amount of Rs.4,98,000/- along with Bank Locker Key of the petitioner.

For Petitioner :Mr.V.T.Narendiran For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) --------- 1/4

ORDER

The petitioner herein being aggrieved by the seizer of Rs.4,98,000/- during the house search and bank locker in connection with Crime No.03/AC/2022 has filed a petition for return of money but the same was dismissed by the trial Court. Hence, he has filed revision before this Court.

2.

Pending disposal of the revision petition, the police has completed the investigation and filed the final report. 3.

It is stated by the learned counsel appearing for the petitioner that in the final report the petitioner is not arrayed as accused and therefore, the money which was recovered from his house and locker key from the bank have to be returned. 4.

The learned Government Advocate (Crl.Side) stated that if an appropriate petition is now filed before the trial Court, the same will be considered.

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5.

This Court is of the view that a remedy is available to the petitioner herein to file an appropriate application before the trial Court, where the matter is pending and if the money of Rs.4,98,000/- and locker key not shown as case property, the trial Court shall pass an appropriate order returning the money to the petitioner herein, if it is not required.

6.

Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. 10.04.2024 Index:yes/no ari To 1.The learned Special Judge/Chief Judicial Magistrate, Dharmapuri. 2.The Inspector of Police, Vigilance & Anti Corruption, Dharmapuri.

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DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.No.4437 of 2024 10.04.2024 4/4