KARUR GOLD FINANCE v. THE STATE REP BY, THE INSPECTOR OF POLICE,
CRL OP/6007/2025 · 2025-03-03
G K Ilanthiraiyan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 27641 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27641 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.6007 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6007 of 2025 and Crl.M.P.No.3859 of 2025 Karur Gold Finance Rep By Its Authorized Signatory, J.Sathees Kumar, No.2/7, Pudhupalayam, Vaikanallur, Karur District.
...Petitioner Versus The State Rep By, The Inspector of Police, Erode Taluk Police Station, Erode District. Crime No.422 of 2024.
...Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to impugned notice issued by the learned Judicial Magistrate No.I, Erode in CMP.No.203 of 2025 dated 03.02.2025 and set aside the same as illegal. For Petitioner : Ms.Ashwini for M/s.Ajmal Associates For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6007 of 2025
ORDER This Criminal Original Petition has been filed challenging the impugned notice dated 03.02.2025 issued by the Judicial Magistrate No.I, Erode, in CMP No.203 of 2025, thereby directing the petitioner to surrender 1 ½ sovereigns of pledged jewels on 10.02.2025.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is a Gold Finance Institution and doing pawn broking business. While being so, one Rajasekaran Samikan had pleaded the jewels weighing 1 ½ sovereigns with the petitioner. The said person is accused in Crime No.422 of 2024 for the offences under Sections 61(2), 318(4), 336(3) and 340(2) of Bharatiya Nyaya Sanhita,
2023. It is alleged that the said Rajasekaran Samikan and his wife borrowed 24 sovereigns of gold jewels from the defacto complainant for a sum of Rs.10 Lakhs. Thereafter, the accused persons neither returned the money nor the jewels. During the course of investigation, one of the Managers of the petitioner Institution gave an undertaking to surrender the jewels, which was mortgaged by the accused. Pursuant to the said undertaing, the Judicial Magistrate No.I, Erode, issued notice to produce https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6007 of 2025 the jewels which were mortgaged by the accused.
4. In view of the above, this Court finds no infirmity or illegality in the impugned notice dated 03.02.2025 issued by the Judicial Magistrate No.I, Erode. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 03.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To
1. The Judicial Magistrate No.I, Erode. 2.The Inspector of Police, Erode Taluk Police Station, Erode District. 3.The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6007 of 2025 G.K.ILANTHIRAIYAN, J. Lpp Crl.O.P.No.6007 of 2025 03.03.2025 https://www.mhc.tn.gov.in/judis