Madras High CourtCRL OP/3296/2023disposed of

Kopperundevi 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 Kopperundevi ... 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.82,000/-, took by the 3rd respondent in connected with 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.82,000/-, 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.82,000/- belonged to her for returning the loan to Mrs. Renganayagi Adhimoolam and she carried the same to the office of B.M so as to pay the same to the Veenus printers. Thereafter, she give it to the Mrs. Kalaiselvi since because she has lost her money twice and she requested her to kept in bag. When the third respondent entered into the officer and seized a sum of Rs.82,000/- 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.

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3. The learned Additional Public Prosecutor submitted that the 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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