The Branch Manager v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.28081 of 2023 and W.M.P(MD) Nos.24167, 24168 and 24170 of 2023 The Branch Manager, Muthoot Finance Limited, Kalayarkovil Branch, Sivagangai ... Petitioner Vs.

1.The Sub-Inspector of Police, Thiruvegampatoor Police Station, Sivagangai.

Crime No.85 of 2023.

2.Rani 3.Pushpam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the orders passed by the 1st respondent under Proceeding Na.Ka.No.56/R2-TVPT PS/SVG/2023, dated 16.11.2023, pertaining to seizure of the jewels pledged by 2nd respondent is concerned and to quash the same as illegal and further forbear the respondent from seizing the Gold Jewels pledged by the 2nd respondent, which are pledged with the 1/4

writ petitioner, in the light of the legally enforceable Charge created by the petitioner herein.

For Petitioner :Mr.K.R.Laxman For R1 :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

O R D E R

This Writ Petition is filed in the nature of Writ of Certiorarified Mandamus, to call for the orders passed by the 1st respondent under Proceeding Na.Ka.No.56/R2-TVPT PS/SVG/2023, dated 16.11.2023, pertaining to seizure of the jewels pledged by 2nd respondent is concerned and to quash the same as illegal and further forbear the respondent from seizing the Gold Jewels pledged by the 2nd respondent, which are pledged with the writ petitioner, in the light of the legally enforceable Charge created by the petitioner herein.

2. The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the petitioner, enquiry was undertaken. During the course of enquiry, both sides appeared. The counter party also gave an undertaking that he will settle the issue after selling the property. Finding that it is a civil issue between the parties, 2/4

the above said enquiry was closed, advising the parties to workout their remedy through appropriate civil process.

3. Recording the submissions made by the learned Additional Public Prosecutor, nothing survives for further consideration or direction in this matter. The petitioner is at liberty to workout his remedy through appropriate proceedings, if so aggrieved over the above said closure report.

4. With the above said liberty, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.

29.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No INDU To 1.The Sub-Inspector of Police, Thiruvegampatoor Police Station, Sivagangai.

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

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G.ILANGOVAN, J INDU Order made in W.P(MD) No.28081 of 2023 Dated 29.11.2023 4/4