Madras High CourtCRL OP(MD)/6156/2016disposed of

M.Ganesan v. The Superintendent Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.6156 of 2016 M.Ganesan

...Petitioner

Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, P.C.Patti Police Station,Theni District.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to produce the case properties and money recovered from the accused in the case in Crime No.57 of 2015, on the file of the respondent No.2 before the jurisdictional Magistrate within the time stipulated by this Court. For Petitioners : Mr.S.Malaikani For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the respondents to produce the case properties and money recovered from the accused in the case in Crime No.57 of 2015, on the file of the respondent No.2 before the jurisdictional Magistrate within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. On the complaint lodged by the petitioner that there was a theft of jewels and amount from his house, the respondent police registered a case in Cr.No.57 of 2015 on 20.01.2015 under Sections 454 and 380 I.P.C. and during the course of investigation, the respondent police arrested three accused and has recovered a sum of Rs.25,000/- from them. While so, the petitioner has filed the present petition with the aforesaid prayer.

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4. The learned Government Advocate (Crl.side), on instructions, submitted that the police have seized a sum of Rs.25,000/- and the same has been deposited on 30.04.2015 in RPR No.131 of 2015 before the learned Judicial Magistrate, Theni.

5. The learned Government Advocate (Crl.Side) further submitted that out of four accused, the police were able to arrest only three accused and one accused by name Chellapandian (A.4) is absconding and only after his arrest, the police will be able to effect further recovery in this case.

6. Taking into consideration the facts and circumstances of the case, this Court directs the Deputy Superintendent of Police, Theni Division to monitor the investigation in Cr.No.57 of 2015 and take action in accordance with law for apprehending the other accused and recovering the properties of the petitioner.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District. 2.The Inspector of Police, P.C.Patti Police Station,Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +one cc to M/s.S.Malaikani, Advocate in SR.No.22671 ssl CSL/JGB-DP/05.05.2016 : 2p/5c Crl.OP No.6156 of 2016 22.04.2016 https://hcservices.ecourts.gov.in/hcservices/