Madras High CourtCRL RC/1365/2018dismissed

Arunkumar Subbaiya v. State Rep. By

2018-11-27Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN Crl.R.C.No.1365 of 2018 Arunkumar Subbaiya ... Petitioner / Petitioner Vs.

State, rep.by, The Inspector of Police, Sulur Police Station, Coimbatore.

... Respondent / Respondent Criminal Revision Petition filed against the order dated 03.10.2018, made in C.M.P.No.2460 of 2018, passed by the Judicial Magistrate, Sulur, Coimbatore.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.G.Harihara Arun Somasankar Government Advocate

ORDER

The present revision petition has been filed against the order, dated 03.10.2018, passed in C.M.P.No.2460 of 2018, by the Judicial Magistrate, Sulur, Coimbatore.

2.The petitioner herein filed a petition under Section 451 of the Code of Criminal Procedure, 1973, for return of gold jewels and cash of Rs.1,15,000/- mentioned in the petition. 3.The learned Judicial Magistrate, adverting to the materials placed before him and the submissions made by the learned counsel on either side, dismissed the petition, since there was rival claim and there is a genuine dispute with regard to the ownership of the property and also due to the fact that the matter is still under investigation. The learned Judicial Magistrate has taken such a view on the basis of the facts placed before him and this Court does not find any reason to interfere with the order passed by the lower Court. The order passed by the learned Judicial Magistrate appears to be well founded and considered one. This Court does not find any infirmity in the order passed by the lower Court. https://hcservices.ecourts.gov.in/hcservices/

In the result, there is no merit in the criminal revision case and accordingly, the same is dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msk To 1.The Inspector of Police, Sulur Police Station, Coimbatore.

2.The Judicial Magistrate, Sulur, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1365 of 2018 VG-II(co) ssm(19/12/2018) https://hcservices.ecourts.gov.in/hcservices/