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Madras High CourtCRL RC/2103/2025disposed of

J.Sadiq Hussain v. State Rep By The Inspector Of Police

2025-10-24Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. J.Sadiq Hussain S/o.Jaffarbatcha, No.54/23, nayar Varathapillai Stret, Royapettah, Chennai-600 014 Petitioner(s) Vs

1. State rep by the Inspector of Police D4, Zambazar Police station, Chennai Cr.No.24 of 2025 Respondent(s) PRAYER To setaside the order dated 07.08.2025 passed in Crl.M.p.No.6335 of 2025 by the learned II Metropolitan magistrate, Egmore, Chennai in Connection with Cr.No.24 of 2025 on the file of the respodent police For Petitioner(s):

M.Govindaraju S.M.A.Mohammed Faiz

Mohideen For Respondent(s):

Public Prosecutor

ORDER

This Criminal Revision Case has been filed to setaside the order dated 07.08.2025 passed in Crl.M.p.No.6335 of 2025 by the learned II Metropolitan magistrate, Egmore, Chennai in Connection with Cr.No.24 of 2025 on the file of the respondent police.

2. 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 with 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.

3. The learned Government Advocate (Crl. Side) appearing for respondent would submit that four persons claiming return of articles. Hence, the petitioner alone is not entitled to receive seized articles.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. 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 person :- 1.

Cash Rs.6,50,000/- 2.

Gold ornaments 90 grams 3.

Silver anklet 100 grams

6. 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 Mohammed Asan with the condition that the petitioner shall not alienate the gold ornaments.

7. 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 petitioner herein/Sadiq Hussain and a sum of Rs.4,00,000/- to Karthick. The order dated 07.08.2025 passed in Crl.M.P.No. 6335 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 Public Prosecutor, High Court, Madras.

3. The Section Officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2103 of 24-10-2025