IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. M.Magesh

S/o. Late.M.Mani, No.74, Kannaiya

Street, Amanjikarai, Chennai - 600029.

Petitioner(s)

Vs

1. State Rep by, The Inspector of Police

(Crime)

K-11, CMBT Police Station, Chennai -

600107 (FIR Cr.No.262/2024)

2.Premier Industrial Plastics

Rep by its Partner, B.Subramania Pillai,

No.SP-153, 9th Line, Ambattur

Industrial Estate, Chennai - 600058.

Respondent(s)

CRL RC No. 1587 of 2025

PRAYER

To call for the records pertaining to the order dated 06.06.2025 made in Crl.MP.No.5546/2025 passed by the 5th Metropolitan magistrate Court, Egmore, Chennai and set aside the same and allow this Criminal Revision Case.

CRL RC No. 1587 of 2025

For Petitioner(s): M/s.M.Senthil Kumar

R.Shine Kumar

R.Ramki

For Respondent(s): Dr.C.E. Pratap,

Government Advocate (Crl.

Side) R1

Court Notice Served For R2

R-2 PREMIER INDUSTRIAL PLASTICS Rep By Its Partner, B.Subramania Pillai, No.SP-153, 9th Line, Ambattur Industrial Estate, Chennai - 600058.

Private Notice Permitted - Proof Not Filed ---------

M/s.

K.Arunprasad-ms/1776/2013 R.Aarthi J. Yuvarani For R2

ORDER

This Criminal Revision Case has been filed to call for the records pertaining to the order dated 06.06.2025 made in Crl.MP.No.5546/2025 passed by the 5th Metropolitan magistrate Court, Egmore, Chennai and set aside the same.

2. The brief facts of the case:

On 19.03.2023, one Subramaniam Pillai along with group of 15 henchmen barged into Magesh Plastics by breaking the lock of shutter took the original documents of the business, bills, vouchers and removed the DVR, hard disk and camera. On verifying CCTV footage, the petitioner came to know that his employees had also abetted and involved in the crime and actively helped Subramanian Pillai. The said Subramanian Pillai had committed theft and took away 20 Nos. of injection molding die machines, each worth of Rs.3,00,000/- and two tone materials. After came to know about the same, the petitioner herein lodged a complaint to the respondent but the police did not initiate any action. Thereafter the petitioner herein filed a private complaint under Section 156 Cr.P.C before the V Metropolitan Magistrate Court, Egmore, Chennai, and the same was allowed and directed the respondent police to register the FIR. Accordingly, the respondent police register FIR in crime No. 262 of 2024 under Sections 461 and 380 IPC. Subsequently, out of 20 Nos. of injection molding die machines, the respondent police found only 6 Nos. of injunction molding die machines at the accused wife Krishnammal's premises and seized the same. Thereafter, the petitioner herein filed a petition under Section 497 BNS, before the V Metropolitan Magistrate Court, Egmore, Chennai, seeking to return the said articles. Upon hearing both sides, the Trial Court dismissed the said petition holding that there is civil suit pending between the parties in O.S No. 3176 of 2023 on the file of the City Civil Court, Chennai. Challenging the same, the petitioner filed this Criminal Revision Case.

3. The learned counsel for the petitioner submits that the respondent police have no objection to return the articles. In spite of that the absence of any legal provision permitting intervention, the learned magistrate entertained the objection of the third party/intervener and mechanically dismissed the petition.

Hence, he prays to allow this Criminal Revision Case.

4. The learned counsel for the second respondent raised objection stating that the Trial Court has rightly dismissed the petition which needs no interference.

5. Heard both sides.

6. A perusal of records the fact reveal that the petitioner filed the complaint before the respondent police against the second respondent for unalwful removal of 20 Nos. of injection molding die machines from the petitioner's premise Magesh Plastics but the respondent police refused to register FIR. Subsequently, the petitioner filed private complaint under Section 156 Cr.P.C before the V Metropo