An application for the return of a seized document must be made in the court in which the document was originally filed, as per Rule 258(1) of the Kerala Criminal Rules of Practice.

ORDER

The petitioner was the fifth accused in the case C.C.No.03/2011 on the file of the Court of the Special Judge (SPE/CBI), Thiruvananthapuram.

2. The petitioner and the other accused in the case were convicted for the offences punishable under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and also under Section 120B of the Indian Penal Code and they were awarded different sentences.

3. The petitioner has filed the appeal (Crl.A.No.102/2019) challenging the order of conviction and sentence passed against him by the trial court.

4. This application is filed by the petitioner praying that, the original sale deed in respect of the property owned by him, CRL.A No.102/2019 3/5 Crl.M.A.No.01 of 2021 in which was marked as Ext.P39 during the trial of the case, may be released to him.

5. It is stated that the petitioner had deposited the aforesaid document in the State Bank of Hyderabad for availing a loan and during the process of the investigation of the case, the document was seized by the investigating officer from the Bank and forwarded it to the trial court along with the final report. It is stated that the petitioner desires to construct a residential building in the property covered by the above document and in order to apply for granting permit for such construction, the original document is necessary.

6. Heard learned counsel for the petitioner and the learned counsel who appeared for the Central Bureau of Investigation.

7. The document which is sought to be released to the petitioner is not one seized from his possession by the investigating officer. Admittedly, it is a document seized by the investigating officer from the bank in which the petitioner had deposited it for availing loan. However, the fact remains that it is CRL.A No.102/2019 4/5 Crl.M.A.No.01 of 2021 in a document relating to the property owned by the petitioner.

8. Rule 258(1) of the Kerala Criminal Rules of Practice, 1982 deals with applications for return of documents. Rule 258(1) reads as follows:

"258. Application for return of documents.- (1) Applications from parties or other person for the return of documents filed by them in Court shall be made to the court in which the documents were originally filed. If the application is made for any document which has been transmitted to another court, the court in which the document was originally filed shall itself apply for the transmission of the document and on receipt thereof shall return the same to the applicant.

Provided that no document shall be returned, unless the Judge or Magistrate is satisfied that it will not be required for reference in proceeding either before his own Court or the Court of appeal or revision."

9. It is evident from Rule 258(1) of the Criminal Rules of Practice that an application by any person for return of document shall be made in the court in which the document was originally filed. Even if the document which is sought to be returned has CRL.A No.102/2019 5/5 Crl.M.A.No.01 of 2021 in been transmitted to another court, the court in which the document was originally filed has to apply for the transmission of the document, before returning the same to the applicant. Therefore, it is clear that an application for the purpose of return of document has to be filed in the court in which it was originally filed.

10. In view of Rule 258(1) of the Kerala Criminal Rules of Practice, the application for release of document filed by the petitioner before this Court cannot be entertained and it is liable to be dismissed. However, the petitioner can approach the court in which the document was originally filed for release of the document.

11. Consequently, the application is dismissed. The petitioner is at liberty to approach the court in which the document was originally filed for releasing it to him.