Mr. Amit Jain, Aged 37 Years, v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRDAS
DATE: 24.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22512 OF 2018 Amit Jain .. Petitioner versus State Rep. by The Inspector of Police, R-4, Sulur Police Station, Coimbatore District, (Crime No.341 of 2018) .. Respondent Prayer: This petition is filed under Section 482 Cr.P.C., praying to direct the Judicial Magistrate, Sulur to consider both the Petitions filed by the Petitioner under Section 451 and Section 457 of the Criminal Procedure Code in Crime No.341 of 2018 pending on the file of the respondent.
For Petitioner : Mr.Thomas T Jacob For Respondent : Ms.M.Prabhavathi Additional Publice Prosecutor
ORDER
This petition has been filed to direct the Judicial Magistrate, Sulur to consider the petitions filed by the petitioner under Sections 451 and 457 of Cr.P.C in Crime No.341 of 2018 pending on the file of the respondent and dispose of the same in accordance with law.
2.The learned counsel for the petitioner has submitted that the respondent herein has seized certain properties from the premises of the petitioner in Crime No. 341 of 2018. He further submitted that after seizure of the properties, the respondent has produced certain properties before the Judicial Magistrate, Sulur and with regard to those properties, the petitioner has filed a petition under Section 451 of Cr.P.C. with a request to return those properties to him.
The learned Judicial Magistrate, Sulur has returned the said petition, with a direction to produce the document to show his ownership. He further submitted that the said petition was represented by including paragraph No.8 stating that the documents relating to the above properties are only with the respondent police and even thereafter, the learned Judicial Magistrate has returned the petition. He further submitted that in respect of the properties which were seized but not produced before the Judicial Magistrate, the petitioner has filed another petition https://hcservices.ecourts.gov.in/hcservices/
under Section 457 of Cr.P.C. and in the said petition, the petitioner has clearly stated that the documents also seized by the respondent and only the respondent has to produce those documents and the said petition also returned on the same ground. He further submitted that in the above circumstances, the learned Judicial Magistrate ought to have dispose of the petitions, either allowing the petitions or dismissing the same and instead of that, he should not have returned the petitions repeatedly and hence, he requests to direct the concerned Judicial Magistrate to take up those petitions on file and dispose of them in accordance with law.
3.The learned Additional Public Prosecutor has submitted that since the petitioner has not produced any document to establish that he is legally entitled to those properties, the learned Judicial Magistrate has rightly returned those petitions.
4.Considering the aforesaid submissions, the petitioner is directed to re-present the aforesaid petitions before the Judicial Magistrate, Sulur with in a week from the date of receipt of a copy of this order. On such re-presentation, the Judicial Magistrate Court, Sulur has to dispose of those petitions within a week, either allowing the same or dismissing the same.
With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Jen/gya To 1.The Judicial Magistrate Court,Sulur.
2.The Inspector of Police, R4, Sulur Police Station, Coimbatore, (Crime No. 341/2018) 3.The Public Prosecutor] High Court, Madras.
+2cc to Mr.Thomas T Jacob,Advocate, S.R.69432 Crl.O.P.No.22512 of 2018 SPD(CO) rrs 09/10/2018 https://hcservices.ecourts.gov.in/hcservices/