Allowed

P.Poonguzhali v. State by

Madras HC11 Nov 2024CRL RC/1735/2024

Case brief

AI extract

What is this about?

Revision filed under Sections 438 and 442 of BNS 2023 to set aside a dismissal of an earlier petition seeking return of seized computer peripherals. The court allowed the revision on the prosecutor's statement. The trial court was directed to return the items.

What did the court decide?

The Criminal Revision Petition and Crl.M.P.No.7073 of 2024 are allowed; the trial court is directed to return the C.P.U. and VGA cable to the petitioner.

P.Poonguzhali Vs State by — Civil Procedure and Limitation | Madras HC (2024)

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CRL.R.C.No.1735 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 11.11.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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Crl.R.C.No.1735 of 2024

P.Poonguzhali

... Petitioner

Vs.

State by The Inspector of Police Vigilance and Anti-Corruption Cuddalore (Crime No.04 of 2024) ... Respondent

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Prayer: Revision Case filed under Section 438 r/w 442 of BNSS Act, 2023, seeking to set aside the order passed in Crl.M.P.No.7073 of 2024 on the file of the learned Chief Judicial Magistrate, Cuddalore dated 03.08.2024 and direct the return of the C.P.U. and VGA cable to the petitioner.

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For Petitioner : Mr.K.Kanan

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For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

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1/4

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https://www.mhc.tn.gov.in/judis

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CRL.R.C.No.1735 of 2024

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ORDER

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This Revision is directed against an order dismissing the petitioner's petition filed in Crl.M.P.No.7073 of 2024 in Crime No.4 of 2024 on the file of the learned Chief Judicial Magistrate, Cuddalore.

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2.In the said petition before the trial Court, the petitioner sought return of her C.P.U. with VGA cable which the investigating agency has seized under house search mahazar during the course of investigation, and the trial Court dismissed it essentially because the investigation at that relevant time was not completed.

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3.Heard both sides. The learned prosecutor on instruction makes a statement that the final report in the case is ready and it is yet to be filed before the Court, and in terms of the final report to be filed nothing incriminating has been found in the C.P.U. with VGA cable which was seized by the investigating agency and that the respondent no more required the said C.P.U. with VGA cable. The said statement of the learned prosecutor is recorded.

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https://www.mhc.tn.gov.in/judis

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CRL.R.C.No.1735 of 2024

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4.In view of the statement made by the prosecutor, this Court deems it appropriate to allow the above Revision, and accordingly it also allows Crl.M.P.No.7073 of 2024 filed before the learned Chief Judicial Magistrate, Cuddalore.

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5.This Court is given to understand that the C.P.U. with VGA cable has been sent by the investigating agency to the learned Chief Judicial Magistrate Cum Special Judge, Cuddalore, in CP.No.09 of 2024. The trial Court is now required to return the same to the petitioner.

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6.In the result, the above Criminal Revision Petition and also the petition filed in Crl.M.P.No.7073 of 2024 before the learned Chief Judicial Magistrate, Cuddalore. stand allowed.

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11.11.2024

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kas

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Index : Yes / No Neutral Citation

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Note: Issue order copy on 14.11.2024

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https://www.mhc.tn.gov.in/judis

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CRL.R.C.No.1735 of 2024

N.SESHASAYEE, J.

kas

1.The Chief Judicial Magistrate Cuddalore

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2.The Inspector of Police Vigilance and Anti-Corruption Cuddalore (Crime No.04 of 2024)

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3.The Public Prosecutor High Court of Madras Chennai 600 104

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Crl.R.C.No.1735 of 2024

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11.11.2024

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4/4 https://www.mhc.tn.gov.in/judis

P.Poonguzhali v. State by

Case brief

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P.Poonguzhali v. State by

Case brief

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