K.T.Subburaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM:

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.MP(MD)No.14517 of 2022 K.T.Subburaj ... Petitioner Vs The Inspector of Police, Tiruverumbur Police Station, Trichy District. Cr.No.220/2022.

... Respondent Prayer: This Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C., to set aside the order, dated 07.10.2022 in Crl.M.P.No.24579/2022, passed by the learned Judicial Magistrate No.6, Tiruchirappalli and entrust the custody of the original sale deed to the petitioner.

For Petitioner : Mr.C.Venkatesh Kumar for Ajmal Associates For Respondent :Mr.RMS Sethuraman Additional Public Prosecutor 1/4

O R D E R

Challenging the order, dated 07.10.2022 in Crl.M.P.No.

24579/2022, passed by the learned Judicial Magistrate No.6, Tiruchirappalli, this Criminal Revision Case has been preferred. 2.Perusal of FIR shows that as per the complaint given the revision petitioner, at the time of borrowal of amount, the accused insisted the petitioner to give any property/ document, as a security. Pursuant to which, the revision petitioner handed over the sale deed in Doc.No.2518/1993, dated 13.12.1993, which was registered on the file of Sub Registrar Office, Thiruverumbur. The said document was handed over to the accused, only as a security. The above said document has been seized by the respondent Police. 3.A report has been received from the trial Court, wherein, it is stated that no such document has been produced by the respondent, in connection with Cr.No.220 of 2022 and the alleged document is not treated as a material object. The Investigating Officer has failed to produce the same. 4.Be that as it may, the revision petitioner is the purchaser of the above property through this document. There is no dispute with regard to title 2/4

and therefore, he is entitled for the same.

5.Accordingly, this Criminal Revision Case is allowed and the respondent is directed to hand over the original sale deed, before the concerned Court. After receiving the same, the learned Judicial Magistrate No.6, Tiruchirappalli is directed to hand over the sale deed to the petitioner, by substituting the same with a certified copy. However, the petitioner shall produce the same, as and when required. Consequently, this Criminal Miscellaneous Petition is closed.

30.11.2022 Index :Yes/No Internet:Yes/No PNM To

1. The Judicial Magistrate No.6, Tiruchirappalli,

2. The Inspector of Police, Koodankulam Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

PNM ORDER IN and Crl.MP(MD)No.14517 of 2022 30.11.2022 4/4