Mohankumar Sheshmal v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2023 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.28732 of 2022 and W.M.P.Nos.28027 & 28028 of 2022
1. Mohankumar Sheshmal
2. M.Bhavikha Jain
...Petitioners
-Vs1. The State Represented by the Inspector of Police, Central Crime Branch-I, Egmore, Chennai-600 008.
2. The Inspector of Police, Central Crime Branch, Job Racket Team 28, Vepery, Chennai-600 007.
.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to return all the materials seized by the Respondents as per the seizure magazure dated 26.09.2022 at (1) B.Block, 4th Floor (Mohankumar Finance), No.51, 1/4
Hunters Road, Choolai, Chennai-600 112, (2) No.867/868, Poonamallee High Road, K.G.S.Virdhi, Flat No.88, Kilpauk, Chennai-600 010 and (3) Door No.77/132, Lakshmi Nivas, 2nd Floor, Secretariat Colony, Varadammal Garden 3rd Street, Kilpauk, Chennai-600 010 pursuant to the Crime No.169 of 2022 on the file of the 1st respondent police. For Petitioner : Mr.A.L.Ganthimathi For Respondents 1 & 2 : Mr.A.Gopinath, Government Advocate (Crl.Side)
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to return all the materials seized by the Respondents as per the seizure magazure dated 26.09.2022 at (1) B.Block, 4th Floor (Mohankumar Finance), No.51, Hunters Road, Choolai, Chennai600 112, (2) No.867/868, Poonamallee High Road, K.G.S.Virdhi, Flat No.88, Kilpauk, Chennai-600 010 and (3) Door No.77/132, Lakshmi Nivas, 2nd Floor, Secretariat Colony, Varadammal Garden 3rd Street, Kilpauk, Chennai-600 010 pursuant to the Crime No.169 of 2022 on the file of the 1st respondent police.
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2. It is seen that both the petitioners are accused in Cr.No.169 of 2022 registered for the offences punishable under section 4 of the TamilNadu Prohibition of Charging Exorbitant Interests Act, 2003 and Sections. 406,420,34 of IPC. In pursuant to the registration of FIR, the respondents herein, after making search, had seized all the documents from the petitioners' custody. Thereafter, all the documents were deposited before the trial court i.e., learned Special Court for CCB, Egmore, Chennai in B.No.1747 of 2022 on 20.10.2022. Thereafter, the 2nd respondent had completed investigation in Cr.No.169 of 2022 and filed final report before the jurisdictional court and the same is pending for taking cognizance.
3. Therefore, the prayer sought for in this petition cannot considered. This writ petition is dismissed. However, these petitioners are at liberty to approach the trial court for return of property in the manner known to law. No costs. Consequently, connected miscellaneous petitions are also closed.
29.11.2023 Index : Yes/No Internet: Yes/No gvn 3/4
G.K.ILANTHIRAIYAN,J.
gvn To
1. The Inspector of Police, Central Crime Branch-I, Egmore, Chennai-600 008.
2. The Inspector of Police, Central Crime Branch, Job Racket Team 28, Vepery, Chennai-600 007.
3. The Public Prosecutor, High Court, Madras.
W.P.No.28732 of 2022 and W.M.P.Nos.28027 & 28028 of 2022 29.11.2023 4/4