Madras High CourtCRL OP(MD)/526/2020disposed of

Angel Shiny v. The Inspector Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.526 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.526 of 2020 Angel Shiny ... Petitioner/Defacto Complainant Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Thoothukudi District (Crime No.9 of 2017) ... 1st Respondent/Complainant 2.Pushpam Inigo 3.Peter 4.Judimary ... Respondents 2 to 4/ Accused 1 to 3 Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to recover the petitioner's 50 sovereign of gold jewels from the respondents 2 to 4 and to handover the same to the petitioner within a time frame fixed by this Court.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) for R.1 Mr.V.Selva for R.3 & R.4

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the first respondent to recover the petitioner's 50 sovereign of gold jewels from the respondents 2 to 4 and to hand over the same to the petitioner within a time frame fixed by this Court.

2. On the complaint lodged by the petitioner, the first respondent registered a case in Crime No.09 of 2017 and after completion of investigation, no final report has been filed. The same has been taken cognizance in C.C.No.484 of 2019 on the file of the learned Judicial Magistrate No.III, Thoothukudi. Now it is pending for trial.

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Crl.O.P(MD)No.526 of 2020

3. At this juncture, the direction sought for in this petition cannot be granted, since already the final report was filed and the same has been taken cognizance, the petitioner can very well approach the trial Court for appropriate relief.

4. With the aforesaid direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.III, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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