Crl.OP(MD) No.14846 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.14846 of 2026 A.Kumar ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Sakkottai Police Station, Sivagangai District. (Crime No. 43 of 2025). ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records made in Unnumbered Cr.M.P. No.____of 2026 (SR No. 1017 on the file of the learned Judicial Magistrate, Karaikudi and set aside the order of return dated 03.03.2026 and direct to pass the order on merits. For Petitioner : Mr.A.Karthik For Respondent : Mr.B.Arun Government Advocate (Crl.Side) ORDER The present petition has been filed seeking a direction to the learned Judicial Magistrate, Karaikudi to number the Criminal Miscellaneous Petition filed by the petitioner for handing over the sum of Rs.4,50,000/- from the custody of the police station. 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14846 of 2026 2.According to the learned counsel appearing for the petitioner, he was abducted by three accused persons and an FIR came to be registered in Cr.No.43 of 2025 on 05.03.2025. According to him, after abducting him, a sum of Rs.4,50,000/- was extorted from him and the said amount is in the custody of the police officials and therefore, it has to be entrusted to the Court and the petitioner should be permitted to withdraw the said amount. 3.The said application has been returned by the learned Judicial Magistrate, Karaikudi on the ground that there is no recovery from the accused persons under Form - 95 of Cr.P.C., and in such circumstances, the application is not maintainable. Challenging the return order, the present application has been filed. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the Bank account of one Nagarajan has been frozen and so far, Form - 95 has not been submitted before the concerned Court. 5.The learned counsel appearing for the second accused/Nagarajan submitted that the alleged amount does not belongs to the petitioner herein. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14846 of 2026 6.In such view of the matter, the order passed by the concerned Court cannot be found fault with. Since there is a serious dispute with regard to the entitlement of the amount, the same has to be decided only after any recovery is made by the concerned police authorities, 7.With the aforesaid observations, this Criminal Original Petition stands disposed of. 21.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM To 1.The Inspector of Police, Sakkottai Police Station, Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14846 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.14846 of 2026 21.07.2026 4/4 https://www.mhc.tn.gov.in/judis