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Madras High CourtCRL RC/2503/2025allowed

P.Devi v. The Commissioner Of Police,

2025-11-25Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI P.Devi D/o.Pollaih, A-403, TVS Emerald Greetn Hills Apartment, NGO Nagar, Alapakkam, New Perungalathur, Chennai - 600 063.

..Petitioner(s) Vs The Commissioner of Police, Office of the Commissioner of Police, Shoilinganallur, Chennai - 600119.

..Respondent(s) To allow this revision petition and Set aside the order dated 02.09.2025 in Crl.M.P.o.2350 of 2025 passed by the Court of Judicial Magistrate No.II, Chengalpattu and Direct release of the sum of Rs.1,70,550/- frozen in the bank accounts pursuant to CSR No.257 of 2025, in favour of the petitioner and Pass such other orders as this Honble Court. For Petitioner(s):

Mr. S.Alan David Rufus For Respondent(s):

Dr.C.E.Pratap, Govt. Advocate (Crl. Side) __________Page 1 of 6

ORDER

Challenging the impugned order passed by the Judicial Magistrate No.II, Chengalpattu in Crl.M.P.No.2350 of 2025, the petitioner/defacto complainant preferred this Criminal Revision Petition.

2. The petitioner gave a complaint before the respondent police against the accused stating that on online trading, she was cheated to the tune of Rs.3,95,000/- and during the investigation, the respondent police had freezed the account of accused, wherein an amount of Rs.1,70,550/- was freezed. Since she transferred a sum of Rs.3,95,000/- through bank, she claimed that she is entitled for the said amount. Before the trial court, she filed a petition for return of cash and the trial court has dismissed the petition stating that she has not produced any document to establish her identity.

3. On perusal of records, it reveals that page Nos.10 and 11 of typed set of papers, the bank statement was annexed to show that on 13.06.2025 through __________Page 2 of 6

RTGS she had transferred the amount to the accused. Therefore, there is prima facie materials and she is entitled for the defreezed amount. Hence, the findings rendered by the Judicial Magistrate No.II, Chengalpattu in Crl. M.P.No. 2350 of 2025 is set aside and this Criminal Revision Case is allowed. The trial court is directed to return the sum of Rs.1,70,550/-, which was freezed by the respondent police during the investigation to the petitioner/defacto complainant on availing undertaking affidavit.

25-11-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. Judicial Magistrate No.II, Chengalpattu.

2. The Commissioner of Police, Office of the Commissioner of Police, Shoilinganallur, Chennai - 600119.

__________Page 3 of 6

3. The Public Prosecutor, High Court, Madras.

__________Page 4 of 6

T.V.THAMILSELVI, J.

RPP 25-11-2025 __________Page 5 of 6

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