Madras High CourtCRL RC(MD)/545/2023disposed of

Kalyanasundar v. The Inspector Of Police

2025-09-19Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED Kalyanasundar, S/o. Arumugam, D.No.3, Sambakulam 1st Street, K.Pudur, Madurai District.

... Petitioner vs.

1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

2.A.Ambika D/o.Alagarsamy, 20, Kanni Mariyamman Kovil, 2nd Street, K.Pudur, Madurai 625007.

3. Kanakadurga Finance Ltd Rep by its Manager, 54-9-23, 100 Feet Road, Autonagar, Vijayawada, Andhra Pradesh 520007.

... Respondents (R2 and R3 were impleaded as per order of this Court, dated 04.06.2023 in Crl.MP(MD)No.8372 of 2023 in Crl.R.C(MD)No.545 of 2023) 1/6

PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records and to set aside the order passed by the learned District Judge, Fast Track Mahila Court, Sivagangai, in Cr.M.P.No.1296 of 2022 in S.C.No.27 of 2020 dated 27.03.2023. For Petitioner :Mr.R.Rajamohan For R1 :Mr.A.S.Abul Kalam Asaz Government Advocate (Crl.side) For R3 :Mr.S.Selvakrishnan *****

O R D E R

The Criminal Revision Petition has been filed with the following prayer:

"to call for the records and to set aside the order passed by the learned District Judge, Fast Track Mahila Court, Sivagangai, in Cr.M.P.No.1296 of 2022 in S.C.No.27 of 2020 dated 27.03.2023." 2.The Co-ordinate Bench of this Court, vide order, dated 19.09.2025, had disposed of the above Criminal Revision Case with the following directions:

"9. In view of the undertaking, this Criminal Revision Case is disposed of with the following directions: The third respondent finance company shall refund the entire auction amount to the petitioner on or before 06.10.2025. The petitioner shall, at the time of refund, return all the original documents of 2/6

the vehicle to the third respondent without creating any further complications. No costs.

10. The case shall be posted for compliance on 15.10.2025 3.Today, the matter is listed under the caption "for reporting compliance" and when the matter is being taken up, Ms.R.Rajamohan, learned Counsel for the petitioner has filed a compliance memo, dated 09.10.2025, stating that in compliance of the order passed by the Coordinate Bench of this Court, dated 19.09.2025, the third respondent/Finance Company, has refunded the entire auction amount of Rs.2,35,000/- to petitioner, which has been duly received by the petitioner. Thus, the learned Counsel for the petitioner submits that now, no amount is due to the petitioner by the third respondent. 4.Mr.S.Selvakrishnan, learned Counsel for the third respondent submits that in compliance of the order passed by the Co-ordinate Bench of this Court, dated 09.09.2025, the entire auction amount of Rs.2,35,000/- has been refunded to the petitioner and no amount is due to the petitioner. The learned Counsel further submits that the petitioner has also returned all the original documents of the vehicle in question 3/6

viz., Toyota Etios GD car bearing Registration No.TN-14-B-6034. The learned Counsel for the third respondent further submits that the vehicle was seized by the respondent Police in some criminal case. Thus, the learned Counsel prays this Court that the third respondent may be permitted to move an appropriate application for release of the vehicle in question.

5.Mr.A.S.Abul Kalam Asad, learned Government Advocate (Crl.side) for the first respondent has no objection to the prayer made by the learned Counsel for the third respondent. 6.Accordingly, after considering the arguments as advanced by the learned Counsel for the parties, the third respondent is permitted to move an appropriate application for release of the vehicle before the District Court (Fast Track Mahila Court), Sivagangai. If any such application is filed by the third respondent, the learned District Judge (Fast Track Mahila Court), Sivagangai, is directed to pass appropriate orders on merits and in accordance with law after hearing all necessary parties. 4/6

7.In view of the above observations and direction, no further orders are required in this Revision.

15.10.2025 cmr To 1.The District Judge (Fast Track Mahila Court), Sivagangai. 2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

5/6

SHAMIM AHMED, J.

cmr 15.10.2025 6/6