HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9828 of 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner to set aside the order dated 19.09.2023 in Crl.M.P.No.489 of 2023 in Crime No.106 of 2023 (now C.C.No.644 of 2023) of P.S.Bommalaramaram, passed by the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Bhongir.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. It is the specific contention of the learned counsel for the petitioner that the petitioner is owner of the property i.e. currency of Rs.60,50,000/-, which was alleged to have been seized from the accused and a case in Crime No.106 of 2023 was registered against them for the offence under Section 380 and 411 of IPC, on the file of Bommalaramaram police station. It is further alleged that 2 initially a complaint was filed by the daughter of the petitioner as the petitioner was not well.
4. Admittedly, accused No.1 who is brother's son of the petitioner was alleged to have committed theft in the house of the petitioner on the date of incident. During the course of investigation, the police have recovered the said amount of Rs.60,50,000/- from the accused. In order to receive the property, the petitioner has filed Crl.M.P.No.489 of 2023 in Crime No.106 of 2023 under Section 451 of Cr.P.C before the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Bhongir.
5. It is the specific contention of the learned counsel for the petitioner that the trial Court has not considered the judgment of the Apex Court in case of Sunderbhai Ambalal Desai vs. State of Gujarat 1. He further contended that the cash property is huge amount, however, the trial Court has concluded that the cash property is a huge amount and the petitioner failed to establish his right over such huge cash. Therefore, it is prayed to set aside the order of the trial Court and direct 1 (2002) 10 SCC 283 3 the trial Court to pass appropriate orders as the petitioner intends to file relevant documents. In order to support his contention, learned counsel for the petitioner has relied on two sale deeds dated 24.04.2023, which clearly disclose that the petitioner has sold his land for consideration of Rs.44,79,375/- on the said date and later, he performed the marriage of his daughter and kept balance amount in his house.
6. Admittedly, the sale deeds were not produced by the petitioner before the trial Court. Therefore, the trial Court did not consider the said fact.
7. In view of the above, the order dated 19.09.2023 in Crl.M.P.No.489 of 2023 in Crime No.106 of 2023 (now C.C.No.644 of 2023) of P.S.Bommalaramaram, passed by the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Bhongir, is set aside. The petitioenr is directed to file a fresh petition before the trial Court along with documents relied upon by him, which shall be considered by the trial Court before passing any orders. 4
With the said observations, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9828 OF 2023 Date: 06-10-2023 GVL