Madras High CourtCRL OP/3297/2023disposed of

Lakshmi v. Director

2023-02-21Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.3297 of 2023 Lakshmi ... Petitioner Vs.

1. The Director, Director of Vigilance & Anti - Corruption, NO.293, MKN Road, Alandur, Chennai - 600 016.

2.The Joint Director, Director of Vigilance & Anti - Corruption, NO.293, MKN Road, Alandur, Chennai - 600 016.

3. The Inspector of Police, Vigilance & Anti- Corruption, Cuddalore, Cuddalore District.

(Crime No. 7/2022).

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the 3rd respondent to return the amount of Rs.24,000/-, took by the 3rd respondent from the petitioner in connected to crime No.7 of 2022. 1/4

For Petitioner : Mr.M.Palanivel For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the 3rd respondent to return the amount of Rs.24,000/-, which was seized from the petitioner in connection with crime No. 7 of 2022.

2.The learned counsel for the petitioner submitted that the petitioner possessed Rs.24,000/- to repay the loan and interest in Indian Bank, Virudhachalam branch in A.c. No. 7109412479. When she attended Youth Skill Development Training the third respondent entered into the officer and seized a sum of Rs.24,000/- from the petitioner. Despite he explained about source of money to the third respondent, they failed to return the same and also falsely implicated her in FIR No. 7 of 2022 for the offence under Section 7 of Prevention of Anti Corruption Act. Hence he filed this petition to return the above said amount.

3. The learned Additional Public Prosecutor submitted that the 2/4

third respondent seized the amount from the petitioner. If at all the petitioner having claim over the said amount, they have to file a application under Section 451 of Cr.P.C before the Trial Court.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is having remedy before the Trial Court.

5. Accordingly, this Criminal Original Petition is disposed of, with liberty to the petitioner to approach the Trial Court in accordance with law. 21.02.2023 pbl 3/4

T.V.THAMILSELVI,J.

Pbl

1. The Public Prosecutor, High Court of Madras.

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