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Madras High CourtCRL OP(MD)/414/2018disposed of

P.Prabhu v. The Superintendent Of Police

2018-01-10Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)No.414 of 2018 P.Prabhu ... Petitioner vs.

1. The State Represented by The Superintendent of Police, Office of the Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

3. Sarasam ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.2 to hand over the Indian Overseas Bank, Samiyarmadam Branch Jewel Loan Original Receipt Nos.463348 and 541184 in connection with the case pending in S.C.No.278 of 2016 on the file of the Fast Track, Mahilla Court, Nagercoil in Crime No.83 of 2016 on the file of the second respondent police to the petitioner.

For Petitioner : Mr.S.Karthick Subramanian For R1 and R2 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For R3 : No appearance

ORDER

This Criminal Original Petition has been filed to direct the respondent No.2 to hand over the Indian Overseas Bank, Samiyarmadam Branch Jewel Loan Original Receipt Nos.463348 and 541184 in connection with the case pending in S.C.No.278 of 2016 on the file of the Fast Track, Mahilla Court, Nagercoil in Crime No.83 of 2016 on the file of the second respondent police to the petitioner.

2.The learned counsel for the petitioner has submitted that based on the complaint given by the third respondent a case has been registered by the second respondent in Cr.No.83 of 2016 on https://hcservices.ecourts.gov.in/hcservices/

03.02.2016 under Section 174(3) Cr.P.C., and subsequently, it was altered to under Sections 498(A), 406, 302 and 201 IPC., and Section 4 of Dowry Prohibition Act, 1961. He further submitted that during investigation the second respondent has seized the aforesaid receipts from the petitioner and as the petitioner, now, wants to redeem the jewels, the second respondent may be directed to hand over the aforesaid receipts.

3.The learned Government Advocate (Crl.Side) has submitted that the second respondent has filed the aforesaid original receipts before the Fast Track Mahila Court, Nagercoil in S.C.No.278 of 2016 and he further submitted that it is open to the petitioner to approach the said Court.

4.Recording the said submission, this criminal original petition is closed. It is open to the petitioner to approach the Fast Track Mahila Court, Nagercoil to hand over the said loan receipts.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Fast Track Mahila Judge, Mahila Court, Nagercoil.

2. The Superintendent of Police, Office of the Superintendent of Police, Nagercoil, Kanyakumari District.

3. The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.KARTHIK SUBRAMANIAN, ADVOCATE IN SR No. 41317 MM TE/SV-MMS/SAR-3 : 02/02/2018 : 2P/6C Crl.O.P.(MD)No.414 of 2018 10.01.2018 https://hcservices.ecourts.gov.in/hcservices/