Madras High CourtCRL RC/1735/2024allowed

P.Poonguzhali v. State By

2024-11-11Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2024

CORAM

MR.JUSTICE N.SESHASAYEE Crl.R.C.No.1735 of 2024 P.Poonguzhali ... Petitioner Vs.

State by The Inspector of Police Vigilance and Anti-Corruption Cuddalore (Crime No.04 of 2024) ... Respondent Prayer: Revision Case filed under Section 438 r/w 442 of BNSS Act, 2023, seeking to set aside the order passed in Crl.M.P.No.7073 of 2024 on the file of the learned Chief Judicial Magistrate, Cuddalore dated 03.08.2024 and direct the return of the C.P.U. and VGA cable to the petitioner.

For Petitioner : Mr.K.Kanan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) 1/4

ORDER

This Revision is directed against an order dismissing the petitioner's petition filed in Crl.M.P.No.7073 of 2024 in Crime No.4 of 2024 on the file of the learned Chief Judicial Magistrate, Cuddalore. 2.In the said petition before the trial Court, the petitioner sought return of her C.P.U. with VGA cable which the investigating agency has seized under house search mahazar during the course of investigation, and the trial Court dismissed it essentially because the investigation at that relevant time was not completed.

3.Heard both sides. The learned prosecutor on instruction makes a statement that the final report in the case is ready and it is yet to be filed before the Court, and in terms of the final report to be filed nothing incriminating has been found in the C.P.U. with VGA cable which was seized by the investigating agency and that the respondent no more required the said C.P.U. with VGA cable. The said statement of the learned prosecutor is recorded.

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4.In view of the statement made by the prosecutor, this Court deems it appropriate to allow the above Revision, and accordingly it also allows Crl.M.P.No.7073 of 2024 filed before the learned Chief Judicial Magistrate, Cuddalore.

5.This Court is given to understand that the C.P.U. with VGA cable has been sent by the investigating agency to the learned Chief Judicial Magistrate Cum Special Judge, Cuddalore, in CP.No.09 of 2024. The trial Court is now required to return the same to the petitioner. 6.In the result, the above Criminal Revision Petition and also the petition filed in Crl.M.P.No.7073 of 2024 before the learned Chief Judicial Magistrate, Cuddalore. stand allowed.

11.11.2024 kas Index : Yes / No Note: Issue order copy on 14.11.2024 3/4

N.SESHASAYEE, J.

kas To 1.The Chief Judicial Magistrate Cuddalore 2.The Inspector of Police Vigilance and Anti-Corruption Cuddalore (Crime No.04 of 2024) 3.The Public Prosecutor High Court of Madras Chennai 600 104 Crl.R.C.No.1735 of 2024 11.11.2024 4/4