Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

P.Gowsalya Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

Home
Madras HC
2025
P.Gowsalya Vs The State of Tamil NaduP.Gowsalya v. The State of Tamil Nadu

Disposed¶20

P.Gowsalya v. The State of Tamil Nadu

Madras HC3 Jul 2025CRL RC(MD)/784/2025

Case brief

AI extract

What is this about?

Crl.R.C.(MD)No.784 of 2025; Madurai Bench of Madras High Court; Justice L.Victoria Gowri; order dated 03.07.2025; criminal revision under Section 438 r/w 442 B.N.S.S.; interim petition under Sections 497 and 503 of BNS for return of seized property; Hitachi Excavator Serial No.HYNDN633LE0006566 seized in Crime No.64/2025, Allinagaram Police Station, Theni District; dismissal on mistaken reference to lorry TN 60 AK 7693; error apparent on record; order in Crl.M.P.No.1619 of 2025 dated 10.06.2025 set aside; matter remanded to Judicial Magistrate, Theni for fresh disposal within one week; Criminal Revision Case disposed of.

What did the court decide?

Impugned order dated 10.06.2025 in Crl.M.P.No.1619 of 2025 set aside; matter remanded to the Judicial Magistrate, Theni for fresh consideration, with a direction to dispose of it within one week from receipt of copy of the order.

Why is it important?

The order dated 10.06.2025 passed in Crl.M.P.No.1619 of 2025 is set aside and the matter is remanded to the file of the Judicial Magistrate, Theni for fresh consideration. ¶20

What the court decided

AI extract

Outcome

Impugned order dated 10.06.2025 in Crl.M.P.No.1619 of 2025 set aside; matter remanded to the Judicial Magistrate, Theni for fresh consideration, with a direction to dispose of it within one week from receipt of copy of the order.

Issue for consideration

Whether the order dated 10.06.2025 in Crl.M.P.No.1619 of 2025, which dismissed the petitioner's application for return of the seized Hitachi Excavator vehicle on a mistaken premise (treating it as a petition for return of lorry TN 60 AK 7693), ought to be set aside and the matter sent back for fresh consideration.

Court's answer

The order dated 10.06.2025 passed in Crl.M.P.No.1619 of 2025 is set aside and the matter is remanded to the file of the Judicial Magistrate, Theni for fresh consideration.

Ratio / Principle

The Judicial Magistrate, Theni is directed to dispose of the remitted matter within one week from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Criminal Revision under Section 438 r/w 442 B.N.S.S. against an order dated 10.06.2025 in Crl.M.P.No.1619 of 2025 by the Judicial Magistrate, Theni, dismissing the petitioner's petition under Sections 497 and 503 of BNS for return of a Hitachi Excavator vehicle (Serial No.HYNDN633LE0006566) seized in Crime No.64 of 2025. The Magistrate had dealt with the petition as if it sought return of lorry bearing Registration No.TN 60 AK 7693. Holding this to be an error on the record curable by the trial court itself, the High Court set aside the order and remanded the matter to the Judicial Magistrate, Theni for fresh consideration, directing disposal within one week from receipt of copy of the order. The Criminal Revision Case was accordingly disposed of.

A

Crl.R.C.(MD)No.784 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.R.C.(MD)No.784 of 2025

P.Gowsalya ... Petitioner Vs. State of Tamil Nadu rep. by The Inspector of Police, Allinagaram Police Station, Theni District. (Crime No.64 of 2025) ... Respondent

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the impugned order passed in Crl.M.P.No.1619 of 2025 dated 10.06.2025 on the file of the learned Judicial Magistrate, Theni and set aside the same as illegal.

For Petitioner : Mr.T.Pradeep For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side)

ORDER

The Criminal Revision is filed challenging the order passed by the learned Judicial Magistrate, Theni in Crl.M.P.No.1619 of 2025 in Crime

1/4

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

Crl.R.C.(MD)No.784 of 2025

No.64 of 2025, dated 10.06.2025 .

When the matter is came up for hearing, the learned counsel for

the petitioner submitted that in a petition which was filed before the Judicial Magistrate under Sections 497 and 503 of BNS seeking return of Hitachi Excavator vehicle bearing Serial No.HYNDN633LE0006566 seized in Crime No.64/2025 by the respondent police, the learned Judicial Magistrate had mistakenly dismissed the same as if the said petition was filed for seeking return of lorry bearing Registration No.TN 60 AK 7693. In view of the same, pointing out the mistake committed by the learned Judicial Magistrate, he pressed for allowing the revision case.

The learned Government Advocate (Criminal Side) submitted

that this is an error apparent on the record which could be rectified only by the Judicial Magistrate concerned.

In view of the same, this Court sets aside the order, dated 10.06.2025 and remands the matter back to the file of the Judicial Magistrate, Theni for fresh consideration. The learned Judicial

2/4

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

Crl.R.C.(MD)No.784 of 2025

Magistrate, Theni is directed to dispose of the same within a period of one (1) week from the date of receipt of copy of this order.

With the above direction, this Criminal Revision Case is

disposed of.

03.07.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No

gbg To 1.The Judicial Magistrate, Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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

3/4

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

Crl.R.C.(MD)No.784 of 2025

L.VICTORIA GOWRI ,J.

gbg

Order made in Crl.R.C.(MD)No.784 of 2025

Dated: 03.07.2025

4/4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 10.06.2025 in Crl.M.P.No.1619 of 2025, which dismissed the petitioner's application for return of the seized Hitachi Excavator vehicle on a mistaken premise (treating it as a petition for return of lorry TN 60 AK 7693), ought to be set aside and the matter sent back for fresh consideration.medium confidence¶17
The court held
The order dated 10.06.2025 passed in Crl.M.P.No.1619 of 2025 is set aside and the matter is remanded to the file of the Judicial Magistrate, Theni for fresh consideration.ratio¶20

Statutes considered

3 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.)Section 438 read with Section 442¶8
Bharatiya Nyaya Sanhita, 2023 (BNS)Section 497¶17 Section 503¶17

Procedural history

How this case reached the court

AI extract

Order under challenge
Order in Crl.M.P.No.1619 of 2025 dated 10.06.2025 dismissing the petitioner's petition for return of the seized Hitachi Excavator vehicle, allegedly passed by mistakenly treating it as a petition for return of lorry bearing Registration No.TN 60 AK 7693.¶8
learned Judicial Magistrate, Theni · 10.06.2025
Prior proceeding
Crime No.64 of 2025 registered at Allinagaram Police Station, Theni District, in which a Hitachi Excavator vehicle bearing Serial No.HYNDN633LE0006566 was seized by the respondent police.¶17
Prior proceeding
The petitioner filed a petition before the Judicial Magistrate under Sections 497 and 503 of BNS seeking return of the seized excavator; the Magistrate dismissed it on 10.06.2025 in Crl.M.P.No.1619 of 2025, having dealt with it as if it sought return of a lorry.¶17

Parties & counsel

AI extract

petitioner
P.Gowsalya¶7
Mr.T.Pradeep
respondent
State of Tamil Nadu rep. by The Inspector of Police, Allinagaram Police Station, Theni District (Crime No.64 of 2025)¶7
Mr.S.S.Manoj

Coram

AI extract

Mrs.Justice L.VICTORIA GOWRIauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 3 Jul 2025 · July
Registered: 1 Jul 2025
Case no.: CRL RC(MD)/784/2025
CNR: HCMD010764712025
Bench: L.victoria Gowri
Disposal: DISPOSED OF
Case type: Crl.R.C.(MD)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from L.victoria Gowri

Bama Vs K.Balakrishnan
2 Jul 2025
M. Subramanian Vs M.Daniel Salmon
2 Jul 2025
A.Selvan Vs Rajiv Kannah
2 Jul 2025
Syed Sulaiman Vs a.Hakkim
3 Jul 2025
S.Jegadevan Vs Susila
3 Jul 2025
The Secretary Vs Dr.a.Gunasekaran
3 Jul 2025

Cite this judgement

P.Gowsalya v. The State of Tamil Nadu, CRL RC(MD)/784/2025 (MAD), decided on 3 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.)Section 438 read with Section 442
Bharatiya Nyaya Sanhita, 2023 (BNS)Section 497 · Section 503

View all statutes

Procedural history3

Order in Crl.M.P.No.1619 of 2025 dated 10.06.2025 dismissing the petitioner's petition for return of the seized Hitachi Excavator vehicle, allegedly passed by mistakenly treating it as a petition for return of lorry bearing Registration No.TN 60 AK 7693.learned Judicial Magistrate, Theni · 10.06.2025
Crime No.64 of 2025 registered at Allinagaram Police Station, Theni District, in which a Hitachi Excavator vehicle bearing Serial No.HYNDN633LE0006566 was seized by the respondent police.
The petitioner filed a petition before the Judicial Magistrate under Sections 497 and 503 of BNS seeking return of the seized excavator; the Magistrate dismissed it on 10.06.2025 in Crl.M.P.No.1619 of 2025, having dealt with it as if it sought return of a lorry.

View full history

Bench / Coram

Mrs.Justice L.VICTORIA GOWRI

Parties & counsel