IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 1507 OF 2024

1. R.Selvavinayagam S/O. Ramasamy, Flat NO.B, Thirumalai Nagar, 6th cross street, Hasthinapuram, Chennai.

Petitioner(s)

Vs

1. Inspector Of Police C1, Sriperumbudur Police station, Kancheepuram District.

Cr.NO.1284/2021.

2.Mr S Suresh E1006,HAZEL REALITY FLATS E-

BLOCK 10th FLOOR AVADI POONAMALLEE(R2 IMPLEADED AS PER ORDER DT 31/01/2024 IN CRL RC NO 162/2024)

Respondent(s)

PRAYER To call for the records and to set aside the order dated 5.1.2024 passed in Crl.Mp.8098/2023 on the file of the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District in CC.NO.57/2023 and to discharge the petition by allowing this Criminal Revision petition.

For Petitioner(s): Mr. R. John Sathyan, Senior counsel for SWAMISUBRAMANIAN E.Bharathi For Respondent(s): Public Prosecutor For R1 R. Jayaprakash-ms/466/1996 R.Muthu Krishnan-

ms/2729/2014 Gummadi Rama Sayi For R2 Counter Filed

ORDER

This Criminal Revision Case has been filed to call for the records and to set aside the order dated 5.1.2024 passed in Crl.Mp.8098/2023 on the file of the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District in CC.NO.57/2023 and to discharge the petition by allowing this Criminal Revision petition.

2. The Brief facts of the prosecution case:

The defacto complainant is an an Assistant General Manager Material Management Hyundai Motors India Pvt. Ltd, in charge for the spares, who lodged a complaint before the respondent police that the 3 months prior to the date of the alleged occurrence he came to know that the stock of Computer & Bracket assembly not tallied with the actuals and hence finally on 24.10.2021 on their inspection they found that 170 No's of Computer & Bracket Assembly was found missing and on 25.10.2021 at about 9.15 p.m they found that someone kept 108 bracket in the unloading area, based on which they conducted enquiry with their temporary employees and found that on instructions of the petitioner herein and other accused/first and second accused in this case committed the above offence of theft and hence they enquired the office premises and based on their statements the petitioner herein was made as accused in this case. Based on the said complaint, the respondent police registered FIR in Crime No. 1284 of 2021 for the offence under Sections 381 and 34 IPC and thereafter, the respondent police filed a final report and the same was taken on file in C.C No. 57 of 2023 on the file of the Judicial Magistrate, Sriperumbudur, Kancheepuram District.

3. Subsequently, the petitioner herein filed Crl.MP. No. 8098 of 2023 under Section 239 Cr.P.C to discharge him from the case. Before the Trial court, the learned counsel for the petitioner submits that the petitioner is no way connected with the present case and he has been falsely implicated in this case without any material. Hence, he prays to discharge the petitioner from the case.

3.1. On the other side, the learned Public Prosecutor Submits that the petitioner and other accused persons were working in Hyundai Motors India Pvt. Ltd at that time with an ill motive they had attempted to theft 170 No's of Computer & Bracket Assembly. Based on the confession of the other accused the petitioner implicated in this case case and there is valid material against the petitioner. Hence, he raised objection to allow the case.

3.2. On hearing both sides the Trial Court held that the petitioner name is specifically mentioned in FIR which shows that he had actively participated in the crime hence the petitioner cannot be discharge from the case since there is prima facie material against the petitioner.

4. The learned counsel for the petitioner submits that the petitioner was not aware of the alleged theft and in fact, the petitioner was implicated in this case based on the confession of the other accused persons. Except confession there is no other material against the petitioner