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2026 Supreme(Online)(Mad) 77910
MADURAI BENCH OF MADRAS HIGH COURT
Victoria Gowri, J
S.Arul Pandian – Appellant
Versus
The Superintendent of Police – Respondent
W.P.Crl.(MD).No.4238 of 2026
For the Appellants/Petitioners: A.B. Jeeva
For the Respondents: D. Rajaboopathy
The appropriate remedy for the return of property seized in a criminal case pending before a court is to file an application before the jurisdictional Magistrate under the relevant provisions of the BNSS.
Headnote:(A) Return of Seized Property - Criminal Proceedings - Appropriate Remedy - Where a vehicle is seized in connection with a theft case and the matter is pending before a Judicial Magistrate, the proper legal recourse for the return of the property is to file an application before the jurisdictional Magistrate rather than seeking a writ of mandamus. (Para 2, 3)
Issues: Whether the petitioner can seek the return of a seized vehicle through a writ petition when the matter is already pending before a Judicial Magistrate.
| Table of Content |
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| 1. remedy for return of seized property in criminal cases (Para 1 , 2 , 3) |
Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 11.07.2026 on merits and to release and return the petitioner's TAFE MF 241 DI Tractor bearing Registration NO. TN63 BU 4505 the the petitioner.
ORDER
Seeking to direct the respondents to consider and dispose of the petitioner's representation dated 11.07.2026 on merits and to release and return the petitioner's TAFE MF 241 DI Tractor bearing Registration NO. TN63 BU 4505 the the petitioner, this writ petition is filed.
2. When the matter came up for hearing, the learned Government Advocate submitted that the vehicle has been seized in connection with the theft case and the same is pending before the concerned Judicial Magistrate and the way out for the petitioner is to file an application seeking return of property before the concerned Judicial Magistrate.
3. Recording the same, giving liberty to the petitioner to approach the jurisdictional Magistrate for return of vehicle by filing a petition under section 497 BNSS , this writ petition is disposed of.
31.07.2026
