Criminal Revision Petitions filed under CrPC 1973 challenging an order declining return of seized currency. The High Court disposed of the petitions directing the trial court to return the money based on the closure report from the police.
Direction to the trial court to return the seized money to the respective petitioners as per the closure report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.RC.Nos.1577 and 1579 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.09.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.RC.Nos.1577 and 1579 of 2023
Crl.Rc.1577 of 2023
S.Prakash Babu .. Petitioner
Vs.
The State Represented by the Inspector of Police, Vigilance and Anti Corruption Cell, Ragavendra Nagar, Tirupati, Kundram Road, Kanchipuram-631 502. .. Respondent
Crl.Rc.1579 of 2023
P.Gokul .. Petitioner
Vs.
The State Represented by the Inspector of Police, Vigilance and Anti Corruption Cell, Ragavendra Nagar, Tirupati, Kundram Road, Kanchipuram-631 502. .. Respondent
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Crl.RC.Nos.1577 and 1579 of 2023
COMMON PRAYER in Crl.RC.Nos.1577 and 1579 of 2023 : Criminal Revision Petitions filed under section 397 r/w section 401 of the Code of Criminal Procedure Code, 1973, to call for the records in Crl.M.P.Nos.8174 and 8175 of 2022 respectively on the file of the Chief Judicial Magistrate, Chengalpattu and set aside the order dated 10.07.2023.
Crl.RC.Nos.1577 and 1579 of 2023
For Petitioners : Mr.T.M.Mano For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
COMMON ORDER
These Criminal Revision Petitions have been filed challenging the
order of trial declining to return the case properties including Indian currency of Rs.5,38,500/- seized from the petitioners herein during the search conduced by the respondent police.
that Rs.5,38,500/- from the residence of the petitioner namely Prakash Babu in Crl.RC.No.1577 of 2023 and Rs.2,78,000/- from the locker which stands in the name of the petitioner namely P.Gokul, S/o. S.Prakash Babu in Crl.RC.No.1579 of 2023.
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Crl.RC.Nos.1577 and 1579 of 2023
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Crl.RC.Nos.1577 and 1579 of 2023
Prakash Babu, public servant to attract the offnece under Prevention of Corruption Act. Therefore, the prosecution has no objection to hand over
the seized currency to Prakash babu son of Srinivasa Rao and Gokul son of Prakash Babu.
21.09.2023
pal/vv
To
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Crl.RC.Nos.1577 and 1579 of 2023
Dr.G.JAYACHANDRAN,J. pal/vv
Crl.RC.Nos.1577 and 1579 of 2023
21.09.2023
2 issues framed by the court
Whether the trial court was correct in declining to return the seized currency to the petitioners.
Whether the Police should return the money upon filing of the closure report without objection.
1 provisions across 1 enactments
S.Prakash Babu
P.Gokul
The State Represented by the Inspector of Police, Vigilance and Anti Corruption Cell
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
