Syed Zebran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Syed Zebran ... Petitioner Vs.

1. The Inspector of Police, T5 Kundrathur Police Station, Tambaram Division.

2. M/s.IPF Facility Management (India) Private Limited, Represented by its Managing Director, Rajeshkumar, No.7/S3, 4th Main Road, Samayapuram, Irandam Kattalai, Kovur, Chennai - 600 128.

3. M/s.IPF Facility Management (India) Private Limited, Represented by its General Manager, Mohammed Abdul Khadir, 48/3-79-8, Maniyam Kaillappa Street, KK Pudur, Coimbatore - 641 038.

... Respondents

PRAYER : Criminal Revision filed under Section 397 r/w 401 of Code of Criminal Procedure, to call for the records of the order dated 05.03.2024 in Crl.M.P.No.1676 of 2024 on the file of the Judicial Magistrate Court, Sriperumpudur, Chennai and set aside the same. For Petitioner :

Mr.G.Saravanakumar For Respondents :

Mr.A.Gopinath Govt. Advocate (Crl.Side) for R1

O R D E R

This criminal revision has been filed to set aside the order dated 05.03.2024 passed in Crl.M.P.No.1676 of 2024 by the learned Judicial Magistrate, Sriperumpudur.

2. The case of the petitioner is that the petitioner has filed a petition for return of property under Section 451 of Cr.P.C. before the Court below, which was returned on the reasoning that the petition filed for return of property filed by the second respondent, namely, M/s.IPF Facility Management (India) Private Limited, represented by its Managing Director, was ordered in Crl.M.P.No.1676 of 2024 dated 05.03.2024. Hence, the petitioner has filed the revision petition.

3. Heard Mr.G.Saravanakumar, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl.Side) appearing on behalf of the respondent.

4. Admittedly, the petitioner has filed a petition for return of vehicle, viz., Toyota Fortuner White Pearl No.KA-01-MV-2311 which was returned by the trial Court on the ground that already the petition filed for return of property by the second respondent was ordered on 05.03.2024. In the considered view of this Court, this Court, without going into the merits of the case, grants liberty to the petitioner to seek for return of vehicle by filing an appropriate application before the competent Court.

5. Accordingly, the Criminal Revision Case is dismissed. 08.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Inspector of Police, T5 Kundrathur Police Station, Tambaram Division.

2. The Judicial Magistrate Court, Sriperumpudur.

3. The Public Prosecutor, Madras High Court, Madras.

M.DHANDAPANI, J.

vji 08.07.2024