Madras High CourtCRL RC(MD)/555/2018disposed of

N. Kumaravel v. The Inspector Of Police

2018-11-16Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C(MD).No.555 of 2018 N. Kumaravel .. Petitioner/Petitioner -VsThe State of Tamil Nadu, rep. by The Inspector of Police, Tallakulam Police Station, Madurai City.

(Crime No. 1085/2018) ... Respondent / complainant Prayer: This Criminal Revision Case is filed under Section 397 r/w. 401 Cr.P.C., to call for the records of the learned Judicial Magistrate No.II, Madurai in Cr.M.P.No.3045 of 2018, dated 01.08.2018 and set aside the same and further direct the learned Judicial Magistrate No.II, Madurai to grant interim custody of the amounts to the petitioner.

For Petitioner : Mr. B. Sudha Sathyananth For Respondent : Mr.A.P.G. Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case is filed to call for the records of the learned Judicial Magistrate No.II, Madurai in Cr.M.P.No.3045 of 2018, dated 01.08.2018 and set aside the same and further direct the learned Judicial Magistrate No.II, Madurai to grant interim custody of the amounts to the petitioner.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the investigation of the case is pending and the Charge Sheet is yet to be filed.

3. In view of the above submission, this Court is of the view that during the pendency of the investigation, the petition under Section 451 Cr.P.C., is not maintainable.

4. In the result, this Criminal Revision Case is disposed of. Sd/- Assistant Registrar(CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-II)

To 1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Tallakulam Police Station, Madurai City.

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

+1CC to Mr. B. Sudha Sathyananth, Advocate, SR.No.96186 Crl.R.C(MD).No.555 of 2018 16.11.2018 TRP ES/SKN/RSK/SAR 2/13.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/