V.Venkataraman vs The State
2024 Latest Caselaw 18536 Mad

Madras High Court

V.Venkataraman vs The State on 19 September, 2024

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                    Crl.A.No.1148 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 19.09.2024

                                         CORAM : JUSTICE N.SESHASAYEE

                                                   Crl.A.No.1148 of 2024


                     V.Venkataraman                                ... Appellant / Third Party

                                                           Vs.
                     The State, rep. by
                     The Inspector of Police
                     CBI, ACB, Chennai,                            ... Respondent / Complainant

                     Prayer : Civil Appeal filed under Section 454 of BNSS, 2023, praying to call
                     for the records in Crl.M.P.No.6376 of 2024 in C.C.No.10 of 2011 on the file of
                     XII Additional Special Judge for CBI Cases, Chennai, and set aside the order
                     dated 28.08.2024 by allowing this appeal.

                                   For Appellant      :      Mr.V.S.Venkatesh

                                   For Respondent     :      Mr.K.Srinivasan
                                                             Special Public Prosecutor for CBI cases

                                                          JUDGMENT

This appeal is preferred challenging the order passed by the trial Court in a

petition preferred under Section 452 Cr.P.C., by a third party to C.C.No.10 of

2011 on the file of the XII Additional Special Court for CBI cases, Chennai, for

return of M.O.4, the bank locker key.

https://www.mhc.tn.gov.in/judis

2. Heard both sides. M.O.4 admittedly belongs to the appellant and the

appellant is not an accused. The trial Court had ordered even in its judgment

that M.O.4 should be returned to the appellant after the appeal time. But vide

the impugned order, the Court had denied its return on the ground that those

who were convicted by the trial Court had preferred an appeal before this

Court.

3. The learned Prosecutor submits that the prosecution has no objection for

return of M.O.4 to the appellant herein. The said statement is recorded.

4. In view of the above, the appeal is allowed and the order of the learned XII

Additional Special Judge for CBI Cases, Chennai, dated 28.08.2024 in

Crl.M.P.No.6376 of 2024 in C.C.No.10 of 2011, is set aside.

19.09.2024

ds

Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order

https://www.mhc.tn.gov.in/judis

N.SESHASAYEE.J.,

ds

To:

1.The XII Additional Special Judge for CBI cases Chennai.

2.The Public Prosecutor High Court, Madras.

19.09.2024

https://www.mhc.tn.gov.in/judis