Madras High CourtCRL RC/1066/2020dismissed

Palanisamy v. State Rep.By

2021-04-01Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2021 CORAM :

THE HONOURABLE MR. JUSTICE P. VELMURUGAN Crl. R.C. No.1066 of 2020 Palanisamy ... Revision Petitioner Vs.

1.State represented by Inspector of Police, District Crime Branch (DCB), Namakkal District.

2.Selvam T.M.R.

... Respondents [R2 is suo motu impleaded as per order in Crl.R.C.No.1066 of 2020 dated 30.11.2020] Criminal Revision Case filed under Section 397 r/w. 401 Cr.P.C., against the order, dated 29.09.2020, passed in C.M.P.No.64 of 2020 on the file of the Judicial Magistrate Court, Komarapalayam.

For Petitioner : Mr.S.N.Arunkumar For R1 : Mrs.T.P.Savitha Government Advocate (Crl. Side)

O R D E R

This Criminal Revision Case has been filed against the order, dated 29.09.2020, passed by the learned Judicial Magistrate, Komarapalayam, in C.M.P.No.64 of 2020, dismissing the petition for return of property.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of the 1st respondent and perused the materials available on record. 3.On a perusal of the impugned order, it is seen that the investigation has not been completed and charge-sheet is yet to be filed. During the pendency of investigation, return of

property is purely within the discretionary powers of the Court. Therefore, this Court does not find any perversity or illegality in the order passed by the learned Judicial Magistrate. 4.Accordingly, this Criminal Revision Case is dismissed. The petitioner is at liberty to file a petition after filing of charge-sheet.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mkn Note to Registry : Issue order copy on 07.04.2021 Copy to :

1.The Judicial Magistrate, Judicial Magistrate Court, Komarapalayam.

2.The Inspector of Police, District Crime Branch (DCB), Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Ramkumar, Advocate, S.R.No.21841 +1cc to Mr.N.Manoharan, Advocate for Defacto Complainant S.R.No.21821 Crl. R.C. No.1066 of 2020 AJB(CO) CB(08/04/2021)

P. VELMURUGAN, J.

mkn 01.04.2021