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2025 DAILYLAW 82595 (MAD)

V.R.Venkatachalam v. State rep by the Inspector of Police

CRL MP/16106/2025 · 2025-09-09

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-09-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 1. V.R.Venkatachalam TCP Sapthariri Bhavan, No.4, Karpagambal nagar, Mylapore, Chennai-600 004 2. TCP LTd. Chennai Rep by its Mg.Director Shri V.R.Vekantachalam, TCP Sapthagiri Bhavan No.4, Karpagambal Nagar, Mylapore, Chennai-600 004 Petitioner(s) Vs 1. State rep by the Inspector of Police CBI/ACB/Chennai Respondent(s) CRL OP No. 3094 of 2016 1. V.R.Venkatachalam 2.M/s.Tcp Ltd., Chennai Rep By Petitioner(s) Page No.1 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 Vs 1. State Rep By The Inspector Of Police, Cbi/acb/chennai.(ref.Fir.No.Rc/ma1/2 013/a0012, Dt:20.03.2013) Respondent(s) CRL OP No. 3095 of 2016 1. V.R.Venkatachalam 2.M/s.Tcp Ltd., Chennai Rep By Petitioner(s) Vs 1. State Rep By The Inspector Of Police, Cbi/acb/chennai.(ref.Fir.No.Rc/ma1/2 013/a0012, Dt:20.03.2013) Respondent(s) CRL MP No. 16108 of 2025 1. V.R.Venkatachalam TCP Sapthariri Bhavan, No.4, Karpagambal nagar, Mylapore, Chennai-600 004 2.Tcp Ltd. Chennai Rep by its Mg.Director Shri V.R.Vekantachalam, TCP Sapthagiri Bhavan No.4, Karpagambal Nagar, Mylapore, Chennai-600 004 Petitioner(s) Vs 1. State rep by the Inspector of Police The Inspector Of Police, Page No.2 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 Cbi/acb/chennai.(ref.Fir.No.Rc/ma1/2 013/a0012, Dt 20.03.2013) Respondent(s) Common Prayer: Criminal Miscellaneous Petitions filed under Section 528 of BNSS, 2023 praying to direct the respondent to return all documents seized in connection with FIR NO.RC/MA1/2013/A0012 in Crl.O.P.Nos.3094 and 3095 of 2016 dated 22.09.2017 and subsequent proceedings. For Petitioner : Dr.S.Krishnanand in both Crl.M.Ps. For Respondent : Mr.N.Baaskaran in both Crl.M.Ps. Special Public Prosecutor COMMON ORDER The petitioners are A6 and A7 in C.C.No.10 of 2014 and A7 and A8 in C.C.No.9 of 2014. 2.The contention of the petitioners is that the respondent registered a case in Crime No.RC/MA1/2013/A0012 dated 20.03.2013 on the information that there was some illegalities in import of foreign cars by the customs department. During investigation, the petitioners' office was raided and certain documents seized including his car documents. The details are as follows: Page No.3 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 After completion of investigation, this F.I.R. culminated into two charge sheets as C.C.Nos.9 and 10 of 2014. Page No.4 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 3.The petitioners earlier filed quash application before this Court in Crl.O.P.Nos.3094 and 3095 of 2016 and this Court by a common order dated 22.09.2017, quashed the proceedings against the petitioners in both the cases, against which, no appeal has been filed by the State and this order has attained finality. Since the car documents seized by the respondent in their Malkhana, for renewal of Fitness Certificate for Pollution Control, Insurance and other purposes, the car documents are required. Requesting to return the seized documents, the petitioners sent a notice to the respondent on 22.11.2024 and 06.01.2025. The respondent received the notice but neither handed over the documents nor sent any reply. 4.The learned Special Public Prosecutor submitted that there is no dispute with regard to the seizure of this documents and documents are available with the Malkhana. He further submitted that documents were seized from the petitioners pursuant to the case in Crime No.RC/MA1/2013/A0012. This Court quashed the proceedings against the petitioners in C.C.Nos.9 and 10 of 2014 and the same has attained finality. The respondent has got no objection for handing over the documents to the petitioners. The petitioner to appear before the respondent and receive the Page No.5 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 documents. 5.The learned counsel for the petitioners submitted that the first petitioner is now with health ailments and he is unable to travel. 6.Since the first petitioner is having some health issues, the documents shall be handed over to the representative of the petitioner upon production of the authorisation letter duly signed by the petitioner. 7.With the above directions, these Criminal Miscellaneous Petitions are ordered. 09.09.2025 rsi Index: Yes/No Internet: Yes/No Page No.6 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 To 1.The Inspector of Police, CBI/ACB, Chennai. 2.The Public Prosecutor, High Court Madras. Page No.7 of 8 https://www.mhc.tn.gov.in/judis CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 M.NIRMAL KUMAR, J. rsi CRL MP Nos. 16106 and 16108 of 2025 in CRL OP NOS. 3094 and 3095 OF 2016 09.09.2025 Page No.8 of 8 https://www.mhc.tn.gov.in/judis