Madras High Court
G.Rathna vs The State Rep. By on 26 October, 2021
Crl.R.C.(MD) No.740 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.(MD)No.740 of 2021
G.Rathna ... Petitioner/Petitioner/Defacto Complainant
Vs.
The State rep. by
Sub-Inspector of Police,
Alanganallur Police Station,
Madurai District,
(Ref.Crime No.140/2021). ...Respondent/Respondent/Complainants
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records relating to the order passed in
Crl.M.P.No.1620 of 2021 dated 19.08.2021 passed by the learned Judicial
Magistrate, Vadipatti and set aside the same and consequently direct the learned
Judicial Magistrate, Vadipatti to return the gold bars weighing about 157.700
grams, 80 grams and 39.400 grams recovered in connecting with Crime No.
140/2021 on the file of the Sub-Inspector of Police, Alanganallur Police Station.
1/7
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
For Petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondent : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
The present Criminal Revision Case has been filed praying to set aside the
order, dated 19.08.2021 made in Crl.M.P.No.1620 of 2021 on the file of the
learned Judicial Magistrate, Vadipatti and consequently direct the learned Judicial
Magistrate, Vadipatti to return the gold bars weighing about 157.700 grams, 80
grams and 39.400 grams recovered in connection with Cr.No.140 of 2021 on the
file of the respondent police.
2. The petitioner is the defacto complainant in Cr.No.140 of 20201 on the
file of the respondent police. The said case has been registered for the offence
punishable under Sections 454, 457 and 380 IPC. In the complaint alleged to be
given before the police the petitioner herein informed to the police as between
06.04.2021 to 15.04.2021 the jewels weighing about 51 sovereigns and
Rs.15,000/- were stolen away by some un-known persons from his residence.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
3. During investigation, after arresting the accused, the respondent police
recovered the stolen property in the form of three gold ingots weighing about
157.700 grams, 80 grams and 39.400 grams. After made recovery as above, the
same has been produced before the jurisdictional Court and thereafter, the learned
Presiding Officer of the said Court assigned with R.P.R.No.158/2021. Thereafter,
after knowing the same, the petitioner being the defacto complainant / owner of
the stolen property, filed a petition before the learned Judicial Magistrate,
Vadipatti praying to return the said ingots for interim custody. The learned
Judicial Magistrate, Vadipatti after assigning the case number as Crl.M.P.No.1620
of 2021, by order dated 19.08.2021 dismissed the said application.
4. Now on going through the impugned order passed by the learned Judicial
Magistrate, Vadipatti, it seems that, the learned Judge, by holding that the stolen
property now recovered by the police is not in the form of jewels, if the property
is returned to the petitioner, it would affect the trial proceedings and accordingly,
dismissed the petition. Dissatisfying with the said order, the petitioner is before
this Court.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
5. The learned counsel appearing for the petitioner relying on the judgment
of our Hon'ble Apex Court in the case of Sundarbhai Ambala Desai -Vs- State
of Gujrat reported in 2003 (1) CTC 175 submits that keeping the valid property
in the custody of the Court is not at all having any use and the same affects the
rights of the petitioner.
6. In respect of the same, the learned Additional Public Prosecutor
appearing for the respondent police fairly accepted the case of the petitioner and
made a submission as the respondent police is not having any objection for
returning the petition mentioned ingots to the petitioner.
7. Now on considering the said submission with relevant records, it is not
in dispute that the petitioner is the owner of the property, therefore, if the same is
kept in the judicial custody, there is no use to anybody and the same affects the
valuable right of the petitioner. In this regard, in the above referred judgment
relied on by the learned counsel for the petitioner, our Hon'ble Apex Court held as
follows:
“11. With regard to valuable articles, such as, golden or
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
silver ornaments or articles studded with previous stones, it is
submitted that it is of no use to keep such articles in police custody
for years till the trial is over. In our view, this submission requires
to be accepted. In such cases, Magistrate should pass appropriate
orders as contemplated under Section 451 Cr.P.C., at the earliest.”
8. Herein also, being the reason that the petitioner is the owner of the
property is entitled to receive the stolen property for interim custody and hence,
the learned Magistrate is directed to return gold bars weighing about 157.700
grams, 80 grams and 39.400 grams to the petitioner on the following conditions:
“1. The police shall take photograph of gold ingots and give
one print to the court and keep other print in the Case Diary file.
2.The petitioner shall furnish a bond for Rs.25,000/- (Rupees
twenty five thousand only) with two sureties for likesum to the
satisfaction of the learned Magistrate.
3. The petitioner shall not in any way alienate the case
property without obtaining order from the learned Magistrate.
4. The petitioner shall produce the same before the trial court
as and when called upon.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
9. Accordingly, this Criminal Revision Case is allowed and the order of the
learned Judicial Magistrate, Vadipatti dated 19.08.2021 made in Crl.M.P.No.1620
of 2021 is set aside.
26.10.2021
Index : Yes/No
Internet : Yes/No
am
To:-
1.The Sub-Inspector of Police,
Alanganallur Police Station,
Madurai District,
2. The Judicial Magistrate,
Vadipatti.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.740 of 2021
R.PONGIAPPAN, J.
am
ORDER MADE IN
Crl.R.C.(MD)No.740 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
