Crl.RC.No.1556 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1556 of 2023 Shanthi ... Petitioner Vs. 1. The State Rep. by the Sub-Inspector of Police C-3 Saibabacolony Police Station Coimbatore District 2. S.Vignesh (R2 impleaded as per order of this Court dated 11.10.23 made in Crl.M.P.No.16279/23 in Crl.RC.No.1556/23 ... Respondents Prayer: Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C. to set aside the order of dismissal dated 30.06.2023 made in C.M.P.No.24009 of 2023 on the file of the Judicial Magistrate No.VII, Coimbatore District. For Petitioner : Mr.Deepan Uday For 1 st Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor For 2 nd Respondent : Mr.D.Veerasekaran 1/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1556 of 2023 ORDER This Criminal Revision Case has been filed by the petitioner to set aside the order of dismissal dated 30.06.2023 made in C.M.P.No.24009 of 2023 on the file of the Judicial Magistrate No.VII, Coimbatore District. 2. The case of the petitioner is that the second respondent who is the son of the petitioner herein, stolen her 27 sovereigns of gold jewels by breaking open the door of the Bureau and Table Locker. Hence, based on the complaint made by the petitioner, the case in Crime No.122 of 2023 was registered and during the course of investigating, the Investigating Officer seized the jewels and produced before the Magistrate and the same is in the custody of the Court. Therefore, the petitioner filed a petition in C.M.P.No.24009 of 2023 before the Judicial Magistrate No.VII, Coimbatore, invoking Section 451 Cr.P.C. seeking return of property, but the same was dismissed by order dated 30.06.2023 on the ground that the investigation was pending. Challenging the same, the petitioner has filed the present revision. 2/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1556 of 2023 3. The learned counsel for the second respondent submitted that they have also filed a petition seeking return of property and the same is pending. 4. The learned Additional Public Prosecutor appearing for the first respondent police submitted that the investigation has already been completed and the charge sheet has also been filed before the Judicial Magistrate-VII, Coimabtore on 21.02.2024 itself. 5. Heard both sides and perused the materials available on record. 6. It is seen that during the course of investigation, the Investigating Officer has recovered the stolen jewels of 27 sovereigns and now the same is in the custody of the Court. The petition filed by the petitioner seeking return of jewels has been dismissed on the ground that the investigation was pending. Now the investigation is completed and the charge sheet has also been filed before concerned Court. Therefore, liberty is granted to the petitioner to approach the trial Court. 3/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1556 of 2023 7. The Judicial Magistrate-VII, Coimbatore is directed to take the charge sheet on file, if already not taken and if the same is otherwise in order. Further, if any application is filed by the petitioner seeking return of jewels, the Magistrate is directed to issue notice to both the petitioner and the second respondent herein/accused as well as to the concerned police and after giving opportunity to the parties, pass orders on merits and in accordance with law. 8. With the above directions, this Criminal Revision Case is disposed of. 12.03.2025 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2 4/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1556 of 2023 To 1. The Judicial Magistrate No.VII, Coimbatore District. 2. The Sub-Inspector of Police C-3 Saibabacolony Police Station Coimbatore District 3. The Public Prosecutor High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1556 of 2023 P.VELMURUGAN. J. Ksa-2 Crl.RC.No.1556 of 2023 12.03.2025 6/6 https://www.mhc.tn.gov.in/judis