R.Ravichandran v. State Represented By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Ravichandran .....

Petitioner Vs State Represented by The Sub-Inspector of Police, F2, Egmore Police Station, Chennai .....

Respondent PRAYER:

Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, praying to set aside the order passed the learned XIV Metropolitan Magistrate, at Egmore, in Crl.MP.No.10555 of 2025, direct the learned XIV Metropolitan Magistrate, at Egmore, to return the properties laying in the safe custody in crime No.490 of 2025, to the petitioner.

For Petitioner : Mr.A.R.Inbakumar For Respondent : Mr.A.Gopinath, Government Advocate(crl.side)

O R D E R

This Criminal Revision Case has been filed against the order passed by the learned XIV Metropolitan Magistrate, at Egmore, in Crl.MP.No.10555 of 2025 dated 30.07.2025, thereby dismissed the petition filed for seeking to return the petitioner's properties.

2.

Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.

3.

On perusal of records, it is revealed that the petitioner is the complainant. On his complaint, there was a recovery of gold jewels, cash and silver ornaments from the accused. Therefore, the petitioner filed the petition for return of his properties. However, it was dismissed on the ground that the affidavit does not contain proper details of the properties and it is not correlating with the properties which were recovered from the accused. 4.

The learned counsel for the petitioner would submit that the petitioner was not given opportunity to explain the affidavit and the properties which were recovered from the accused.

5.

In view of the above, this Court is inclined to give one more opportunity to the petitioner. As such, the impugned order passed by the learned XIV Metropolitan Magistrate, at Egmore, in Crl.MP.No.10555 of 2025 dated 30.07.2025, is set aside and the matter is remanded back to the learned XIV Metropolitan Magistrate, at Egmore for fresh disposal. The petitioner is at

liberty to file a better affidavit before the court below. Thereafter, the petitioner may be given opportunity to explain the properties which were stolen from the custody of the petitioner by the accused.

6.

With the above directions, this criminal revision case stands disposed of.

19.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned XIV Metropolitan Magistrate, at Egmore 2.The Sub-Inspector of Police, F2, Egmore Police Station, Chennai 3.The Public Prosecutor, High Court of Madras 19.08.2025