Anil Kumar Meena vs The Sub Inspector Of Police
2024 Latest Caselaw 18893 Mad

Madras High Court

Anil Kumar Meena vs The Sub Inspector Of Police on 25 September, 2024

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                    Crl.A.No.1126 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 25.09.2024

                                         CORAM : JUSTICE N.SESHASAYEE

                                                     Crl.A.No.1126 of 2024


                     Anil Kumar Meena                                 ... Petitioner / Accused 1


                                                             Vs.


                     The Sub Inspector of Police
                     SPE : CBI : ACB, Chennai
                     (RC MA1 2017 A 0007)                             ... Respondent / Complainant


                     Prayer : Criminal Appeal filed under Section 500 of BNSS (Section 454 of
                     Cr.P.C.,) praying to call for the records in Crl.M.P.No.5260 of 2024 and set
                     aside the order dated 19.08.2024 passed by the learned XII Additional
                     Special Judge for CBI Cases, at Chennai (FAC) XIV Additional Special
                     Judge for CBI cases, Chennai in Crl.M.P.No.5260/2024 in C.C.No.39/2017.



                                    For Petitioner        : Mr.R.Vivekananthan

                                    For Respondent        : Mr.K.Srinivasan
                                                            Special Public Prosecutor (CBI)




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                                                                               Crl.A.No.1126 of 2024




                                                     JUDGMENT

This appeal is preferred by A1 in C.C.No.39/2017 on the file of XIV

Additional Special Court for CBI cases, Chennai, seeking for return of

certain papers seized by CBI vide Ext.P160 search list.

2. The XIV Additional Special Court for CBI cases had convicted the

appellant herein and the appellant too had preferred Crl.A.No.256 of 2024

before this Court, challenging the said judgment.

3. So far as the petition in Crl.M.P.No.5260 of 2024 is concerned, the

appellant/petitioner seeks return of document in Item No.1 in Ext.P160,

search list. The said petition was dismissed by the trial Court on the

ground that the appeal against conviction is pending before this Court in

Crl.A.No.256 of 2024. Hence, the appellant has come forward with this

appeal challenging the said order of the trial Judge.

4. The learned Prosecutor makes a fair statement on his side that the

document whose return is now sought for (Item No.1 in Ext.P160), was not

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

relied upon by the prosecution and therefore, it has no objection to return

the said document. The said statement of the learned Prosecutor is

recorded.

5. In view of the same, this appeal is allowed and the document in Item

No.1 alone in Ext.P160 is directed to be returned by the trial Court.

25.09.2024

ds

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

To:

1.The XII Additional Special Judge for CBI Cases, (FAC) XIV Additional Special Court for CBI cases Chennai

2. The Public Prosecutor High Court, Madras.

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

N.SESHASAYEE.J.,

ds

25.09.2024

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