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2025 DAILYLAW 10671 (MAD)

D.VIGNESH v. STATE REP BY

CRL RC/51/2025 · 2025-02-12

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.RC.No.51 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.51 of 2025 D.Vignesh ... Petitioner Vs. The State by The Inspector of Police D4, Jambazaar Police Station Chennai (Crime No.36 of 2024) ... Respondent Prayer: Criminal Revision Case filed under under Section 401 of Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai-8 dated 03.10.2024. For Petitioner : Mr.C.Raja For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.51 of 2025 ORDER This Criminal Revision Case has been filed by the petitioner to set aside the order passed in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai -8 dated 03.10.2024. 2. The case of the petitioner is that the petitioner's mobile phone (I Phone-14 Promax) and two wheeler bearing Regn. No.TN-05-AZ3063 were seized by the respondent police in connection with Crime No.36 of 2024 for the offence under Sections 8(c), 22(d) and 25 of NDPS Act on the allegation that the accused person was in found in possession of banned 34 TYDOL- 100mg tablet. Therefore, the petitioner filed a petition in Crl.M.P.No.59328 of 2024 before the II Chief Metropolitan Magistrate, Egmore, Chennai, seeking interim custody of the said mobile phone. But the Magistrate without considering the grievance of the petitioner, dismissed the petition by order dated 03.10.2024. Hence, the present revision is filed. 3. Heard both sides and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.51 of 2025 4. It is seen that the investigation is pending and the charge sheet has not been filed. Therefore, at this stage, this Court is not inclined to interfere with the order passed by the Magistrate. 5. Accordingly, this Criminal Revision Case is dismissed. 6. However, the petitioner is at liberty to work out his remedy before the trial Court after the filing of the charge sheet. 12.02.2025 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2 3/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.51 of 2025 To 1. The II Chief Metropolitan Magistrate, Egmore, Chennai -8 2. The Inspector of Police D4, Jambazaar Police Station Chennai 3. The Public Prosecutor High Court of Madras 4/5 https://www.mhc.tn.gov.in/judis Crl.RC.No.51 of 2025 P.VELMURUGAN. J. Ksa-2 Crl.RC.No.51 of 2025 12.02.2025 5/5 https://www.mhc.tn.gov.in/judis