Madras High CourtCRL RC(MD)/845/2023disposed of

International Asset Reconstruction Company Private Limited (Iarc) v. The Inspector Of Police

2024-10-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR International Asset Reconstruction Company Private Limited (IARC), Rep.by its Area Manager, Dinakaran, Door No.1, 9th Floor, Prashanth Real Gold Tower, D.No.34, North Usman Road, T.Nagar, Chennai-600017.

... Petitioner in both Crl.Rcs.

(Petitioner's name amended as per common order dated 24.09.2024 in Crl.M.P.(MD)Nos.8145 & 8151 of 2024 in Crl.RC.(MD)Nos.845 & 846 of 2023) Vs.

1.The Inspector of Police, District Crime Branch, Thanjavur.

(Crime No.18 of 2021) 2.M.R.Ganesh ... Respondents in both Crl.Rcs.

PRAYER in both Cases : Criminal Revision Cases filed under Section 397 & 401 Cr.P.C., to set aside the order dated 07.09.2021 made in Cr.M.P.Nos.2182 & 2756 of 2021 on the file of the Judicial Magistrate 1/4

No.I, Kumbakonam and allow these petitions by directing the first respondent to release the vehicle seized in Crime No.18 of 2021 which is hypothecated with the petitioner Finance Company. For Petitioner : Mr.S.Naresh Babu (In Both Crl.RCs.) For R1 : Mr.K.Sanjai Gandhi, (In Both Crl.RCs.) Government Advocate (Crl. Side) For R2 : No Appearance (In Both Crl.RCs.) COMMON ORDER These criminal revision cases are directed against the orders passed in Cr.M.P.Nos.2182 & 2756 of 2021 dated 07.09.2021 on the file of the learend Judicial Magistrate No.I, Kumbakonam dismissing the petitions filed under Section 451 Cr.P.C.

2.When the cases are taken up for hearing today, the learned Government Advocate(Crl.side) appearing for the first respondent would submit that FIR in Cr.No.18 of 2021 pending on the file of the first respondent was transferred to the Economic Offences Wing, Thanjavur and that the Deputy Superintendent of Police, EOW, Thanjauvr has filed 2/4

an application in Cr.M.P.No.532 of 2024 before the Special Court for TANPID Act Cases, Madurai for attachment of 17 vehicles including the vehicles now in dispute.

3.Since the application filed by the Deputy Superintendent of Police, EOW, Thanjauvr is pending, the petitioner can very well approach the Special Court for TANPID Act Cases, Madurai to release the vehicles in dispute and it is for the concerned Court to take a decision in this regard. Accordingly, these criminal revision cases are disposed of.

24.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To 1.The Judicial Magistrate No.I, Kumbakonam 2.The Inspector of Police, District Crime Branch, Thanjavur.

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

4.The Special Court for TANPID Act Cases, Madurai 3/4

K.MURALI SHANKAR,J.

gns 24.10.2024 4/4