The court has the power to order the return of seized property if it is no longer required for the investigation.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.01.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

Crl.R.C.No.865 of 2021

1.Mrs.R.Arunmozhi

2.Mr.R.Vignesh Marimuthu

.. Petitioners

/versus/

State

Inspector of Police,

V & AC, CSU-I,

Chennai 16.

(Ref.:Cr.No.6/AC/2018/CC-I dt. 23.3.18)

..Respondent

Prayer:

Criminal Revision Case has been filed under Section 397

Cr.P.C., read with Section 401 of Cr.P.C to call for the records

and set aside the order dated 19^th August, 2021 in Crl.M.P.No.494

of 2021 on the file of the Special Court for the Cases under

Prevention of Corruption Act at Chennai, consequently, return

the property.

For Petitioner :Mr.N.R.Elango, Senior Counsel

for Mr.B.A.Sujay Prasanna

For Respondent :Mr.C.E.Pratap

Government Advocate (Crl.side)

O R D E R

(This case has been heard through Video Conferencing)

Challenging the order passed by the learned Special Court

for the Cases under Prevention of Corruption Act, Chennai in

Crl.M.P.No.494 of 2021, dated 19/08/2021, this Criminal Revision

Case has been filed.

2.Brief facts leading to the criminal revision case is that,

the husband of the first petitioner and the father of the second

petitioner has been implicated for the offences under Sections

7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and

under Sections 120(B), 420 r/w 109 of IPC and 468 r/w 109 of IPC

in Crime No. 6/AC/2018/CC-I. During the investigation, various

documents along with locker keys were seized by the respondent

https://hcservices.ecourts.gov.in/hcservices/

police. According to the petitioners, those documents and

lockers belong to the petitioners and it is nothing to do with

the crime, hence they filed a petition to return those documents

and locker keys to the petitioners. However, the Court below

dismissed the petition. Challenging the same, the present

revision petition.

3.It is contended by the learned Senior Counsel appearing

for the petitioners that, some of the documents along with

locker keys seized from the petitioners and they are nothing to

do with the alleged offences and they absolutely belong to the

petitioners. Hence, they approached the Special Court seeking

return of the documents along with locker keys. The Court below,

without considering the materials, dismissed the petition filed

by the petitioners.

4.The respondent filed a counter-affidavit wherein it is

stated that now the investigation has almost completed and the

respondent has no objection for returning those documents and

locker keys. The relevant portion of the counter-affidavit reads

as below:-

“It is submitted that in respect of the

FIR allegations, the investigation has almost

come to the stage of completion and the above

documents/materials in the lockers are not

relevant to the case and no more required for

the present investigation. The respondent

have no objection or whatsoever to return the

said documents since the investigation is

completed and draft final report is already

submitted and further these documents have no

relevancy with the present case.”

5.Considering the above fact that there is no objection for

returning the documents along with keys, this Court is of the

view that, the prayer sought for by the petitioners could be

allowed.

6.In the result, the Criminal Revision Case is allowed and

the order passed by the learned Special Court under Prevention

of Corruption Act, Chennai dated 19.08.2021 in Crl.M.P.No.494 of

2021 is set aside. The respondent police is directed to return

the documents and locker keys available with them, to the

petitioners forthwith.

https://hcservices.ecourts.gov.in/hcservices/

7.In the result, this Criminal Revision Case is allowed.

Sd/-

Assistant Registrar(CS IX)

//True Copy//

Sub Assistant Registrar

ari

To:

1.The Special Judge,

Special Court under Prevention of Corruption Act,

Chennai.

2.The Inspector of Police, V & AC, CSU-I, Chennai 16.

3.The P