Mohammed Asan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-10-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. Mohammed Asan S/o.Abdul Kasim, No.54/23, Nayar Varathapillai Street, Royapettah, Chennai - 14 Petitioner(s) Vs
1. The State Rep By Its The Inspector of Police, D-4 Zam Bazaar Police Station, Chennai Cr.No.24 of 2025 Respondent(s) PRAYER To set aside the order passed in Crl.M.P.NO.5232 of 2025 by the Learned II Metropolitan Magistrate, Egmore, Chennai dated 07.08.2025. For Petitioner(s):
M.Soundar Vijay Arul Ram S.Jerome
Vinod Vimal Raj B.Boopathy S.Vignesh For Respondent(s):
Public Prosecutor
ORDER
The order passed by this Court dated 06.10.2025 is recalled.
2. This Criminal Revision Case has been filed challenging the order dated 07.08.2025 passed in Crl.M.P.No.5232 of 2025 by the learned II Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the petition filed for return of gold ornaments 90 grams, silver anklet 100 grams.
3. The petitioner is claiming return of seized articles and cash from the accused by the respondent police stating that by giving false promise to get a job at Secretariat, he received a sum of Rs.22,00,000/- from the petitioner/defacto complainant, thereafter, the accused failed to comply his promise. During the investigation, the respondent police seized articles viz., gold ornaments 90 grams and silver anklet 100 grams along with cash. Hence, he had filed a petition for return of seized articles, since he had paid a sum of Rs.22,00,000/- in order to get a job at Secretariat. The said petition was
dismissed by the trial court stating that nearly about three persons along with the petitioner claiming return of articles.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that three persons are claiming return of articles. Hence, the petitioner alone is not entitled to receive seized articles.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Considering submissions of both sides, the facts reveals that according to the petitioner, he had paid a sum of Rs.22,00,000/- in order to secure a job at Secretariat as per the false promise given by the accused. As on date, the respondent seized the following articles from the accused :- 1.
Cash Rs.6,50,000/- 2.
Gold ornaments 90 grams 3.
Silver anklet 100 grams
7. There are four claimants in this case and they are entitled to get the articles proportionately. Accordingly, the trial court is directed to hand over 90 grams of seized gold ornaments to the petitioner herein/Mohammed Asan with the condition that the petitioner shall not alienate the gold ornaments.
8. Out of the seized cash of Rs.6,50,000/-, the Trial Court is directed to hand over a sum of Rs.2,50,000/- to Saddiq Hussain and Rs.4,00,000/- to Karthick. The order dated 07.08.2025 passed in Crl.M.P.No.5232 of 2025 on the file of the II Metropolitan Magistrate, Egmore, Chennai, is hereby set aside. Accordingly, this Criminal Revision Case is disposed of. 24-10-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The II Metropolitan Magistrate, Egmore, Chennai.
2. The Section Officer, V. R Section, High Court, Madras.
T.V.THAMILSELVI J.
pbl CRL RC No. 1904 of 24-10-2025