AI Overview...
- Section 451 of CrPC - Return of Cash Property
Main points and insights: - Section 451 empowers courts to order the return of property, including cash, seized during investigation or trial, provided the property is not required as evidence or for other legal reasons S. Mohamed Jalaludeen VS State by Inspector of Police, District Crime Branch, Thiruvallur - Madras, Angayarkanni VS State Represented by Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Thiruvarur. - Madras.
- The courts emphasize the need for prompt and judicious exercise of this power to ensure the property is returned expeditiously once it is no longer needed for proceedings S. Mohamed Jalaludeen VS State by Inspector of Police, District Crime Branch, Thiruvallur - Madras, 02100146257.
- The return of cash is subject to the stage of the case; courts may refuse return if it is deemed not conducive to justice or if the case is ongoing NAZAR Vs STATE REP BY - Madras, 02100146257.
- Courts have held that seized cash should generally be returned to the owner unless there are specific reasons to retain it, such as ongoing investigations or pending trial Y.Pilavendiran vs The Sub Inspector of Police - Madras, Mir Farooq AIi, S/o. Mir Shakeel Ali VS State of Telangana, rep. , by its Public Prosecutor - Telangana.
-
Disputed ownership or pending legal proceedings can influence whether cash is returned; courts analyze the nature of the seizure and the status of the case Silambarasan VS State, represented by The Inspector of Police, Usilampatti Nagar Police Station, Madurai District - Madras, Angayarkanni VS State Represented by Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Thiruvarur. - Madras.
-
Legal Principles & Application
Analysis and conclusion: - Section 451 CrPC provides a legal mechanism for the return of seized cash when it is no longer required for trial or investigation, balancing property rights with judicial needs S. Mohamed Jalaludeen VS State by Inspector of Police, District Crime Branch, Thiruvallur - Madras, 02100146257.
- The timing of the application for return and the stage of the case are critical; courts tend to delay return if it might prejudice ongoing proceedings NAZAR Vs STATE REP BY - Madras.
- In cases where seizure was unlawful or no cognizable offence was established, courts are more inclined to order the return of cash Mir Farooq AIi, S/o. Mir Shakeel Ali VS State of Telangana, rep. , by its Public Prosecutor - Telangana.
- Overall, Section 451 facilitates the return of cash to rightful owners, emphasizing promptness and judicial discretion to prevent unnecessary detention of property S. Mohamed Jalaludeen VS State by Inspector of Police, District Crime Branch, Thiruvallur - Madras, 02100146257.
Search Results for "Section 451 of Crpc Return of Property that is Cash"
2018 0 Supreme(Mad) 2767 • India - Madras
M.V.MURALIDARAN
Criminal Revision Petition - Return of Cash Property - Section 451 of Cr.P.C. - 2003(1) CTC 175, 2003 SCC (Cri) 1943, 2003 SCC ... Cr.P.C. for the return of cash property seized from him. ... The court emphasized the need for expeditious and judicious exercise of powers under Section 451 of Cr.P.C. and the prompt return ... The Revision petitio....
2025 Supreme(Online)(Tel) 15186 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
This Criminal Petition is filed by the petitioner – accused No.1 seeking to set aside the order dated 01.04.2025 passed in Crl.M.P.No.617 of 2025 in Crime No.35 of 2019 by the learned VII Additional Chief Judicial Magistrate at Hyderabad (for short ‘the trial Court’) and return
• India - Madras High Court
A.D.JAGADISH CHANDIRA, J
CRIMINAL PROCEDURE CODE - SECTION 451 - RETURN OF PROPERTY - COURT ANALYSIS AND CONCLUSION - COURT HELD THAT IT IS NOT CONDUCIVE ... TO RETURN THE CASH TO THE PETITIONER AT THIS STAGE. ... Issues: WHETHER THE PETITIONER IS ENTITLED TO RETURN OF CASH. ... This Court is of the opinion that it is not conducive to return the cash to the petitioner at this stage. The criminal revision stands dismiss....
2024 Supreme(Online)(MAD) 11641 • India - High Court of Madras
Hon`ble Mr.Justice VIVEK KUMAR SINGH
RETURN OF SEIZED CASH - SECTION 451 CRPC - COURT ANALYSIS - COURT HELD THAT THE CASH SEIZED FROM THE PETITIONER SHOULD BE RETURNED ... Ratio Decidendi: THE COURT RELIED ON SECTION 451 OF THE CODE OF CRIMINAL PROCEDURE, WHICH PROVIDES THAT ANY PROPERTY SEIZED ... Challenging the order of dismissal passed by the learned Judicial Magistrate No.II, Sivakasi, in Crl.M.P.No.8213 of 2023, with regard to retur....
2012 0 Supreme(Mad) 4864 • India - Madras
M.Venugopal
It also considered the interpretation of these sections in the context of the return of seized currency and the necessity for proper ... Issues: Disputed nature of seized cash, applicability of Sections 62, 63, and 451 of the Code of Criminal Procedure, and the ... custody and disposal of property pending trial. ... It is to be noted in regard to the disposal of property as per Section 451 of the Code of....
2024 0 Supreme(Telangana) 1031 • India - Telangana
G. RADHA RANI
for return of cash - Court found no basis for seizure under Section 102, as no cognizable offence was established - Cash to be returned ... (Paras 2, 11, 14) ... ... (B) Seizure of Property - Police powers under Section ... (A) Code of Criminal Procedure, 1973 - Sections 102 and 457 - Seizure of cash - Police seized cash of Rs.23,17,400/- from respondent ... Thereafter, the petitioner filed an application on 12.1....
2009 0 Supreme(Bom) 1392 • India - Bombay
S.A.BOBDE
Bombay Police Act, 1951 - Section 124 - Income Tax Act, 1961, Sections 132-A and 226(4) - Possession of property - Seizure from respondent ... to their officers from police - Application rejected under Section 451, Cr PC - Application under Section 226(4) of I.T Act is pending ... before criminal Court to decide expeditiously. - Turing to the facts of the present case, it appears that after the property was ... The court merely held a criminal court is entitled to pas....
2016 0 Supreme(Mad) 1175 • India - Madras
M.VENUGOPAL
of Property Act - Criminal Procedure Code,1973 - Section 451 - Bailment of movable property - Petition gold jewels sought for by ... 451 of Code of Criminal Procedure relating to the return of properties and to pass necessary orders diligently within time - Criminal ... Indian Evidence Act, 1872 - Section 25 - Indian Contract Act, 1872 - Section 172 and Section 179 - Transfer ... It is to be borne in mind that unde....
2016 0 Supreme(Mad) 2585 • India - Madras
P.DEVADASS
Evidence Act - Section 27 – Criminal Procedure Code,1973 - Section 451 – Cognizance - Revision petitioner ... return petition - This has nothing to do with trial of case - Revision Petitioner shall not dispose of ... Court are not Trial Court cannot prejudge the case - Therefore whatever said here are made only for limited purpose of deciding property ... Section 451 Cr.P.C., deals with giving of interim custody of the case #HL_STA....
2023 0 Supreme(Mad) 2168 • India - Madras
G. JAYACHANDRAN
His family sought the return of seized cash and documents. ... Criminal Appeal - Return of Seized Properties from Deceased Public Servant - Cr.P.C. 451, 452, 457, 458 - The court discussed ... Issues: Ownership of seized property, applicability of Cr.P.C. ... In this case, neither Section 451 of Cr.P.C nor Section 452 of Cr.P.C will apply. The provision which is applicable to th....
Filter by Legal Phrase
