D. KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed to set aside the order dtd. 24/4/2023 passed in Crl.M.P.No.7160 of 2023 on the file of the learned Judicial Magistrate No.1, Tirunelveli and to direct the respondent to hand over the petitioner's subject matter of the property (money).

(2.) The brief facts of the case: The revision petitioner is the defacto complainant in the case registered in Crime No.31 of 2022 on the file of the respondent police. The petitioner was working as Commandant in Tamil Nadu Special Police 12th Battalion, Manimuthar, Tirunelveli District. He is having mobile number 9498118666 and Whatsapp in the same number. On 11/8/2022 at 14.22 hours he received Whastapp message from 8142781808 showing police higher official photo. The sender had conversation with the petitioner about Amazon Gift Voucher and believing his words, the petitioner sent Rs.7,50,000.00 from his bank account number. On coming to know the petitioner was cheated, the petitioner lodged complaint and the case was registered.

(3.) The respondent police has frozen 4 accounts of A3 RamChanso Kasar i.e., Canara Bank, Neelasandra Branch Account No.110047005364 - Rs.2,00,000.00; UCO Bank, Koramangala Branch Account No.10530110066911 - Rs.9,145.00, Bank of India, Koramangala Branch Account No.847910110004810 Rs.1.00; Account No.84791651000102 - Rs.524.01. The amount in those accounts consist the amount of the petitioner. So, the petitioner filed the petition in Crl.M.P.No.7160 of 2023 seeking to defreeze the accounts and to produce an amount of Rs.2,09,669.00 before the Judicial Magistrate Court and to return the same to the petitioner. The petition was strongly resisted by the respondent police. After hearing both the learned Judicial Magistrate No.1, Tirunelveli dismissed the said petition on 24/4/2023. Being aggrieved by the order, the petitioner preferred this Criminal Revision Case.