The court has the discretion to return the property to the petitioner, even if there are other legal heirs, if the legal heirs have given their consent.

Crl.R.C.(MD).No.993 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

Crl.R.C.(MD).No.993 of 2022

Hathija Beevi

... Petitioner/Defacto Complainant

Vs.

State through rep. by

The Inspector of Police,

Ayyampettai Police Station,

Ayyampettai,

Thanjavur District.

(Crime No.128 of 2022)

... Respondent/Complainant

PRAYER: This Criminal Revision Case is filed under Sections 397 r/w

401 of the Criminal Procedure Code, to call for the records pertaining to the

order passed in Cr.M.P.No.1373 of 2022, dated 09.06.2022 on the file of the

learned Judicial Magistrate No.III, Thanjavur and set aside the same and

direct the respondent to return of property of 12.73 sovereigns of gold

jewels and Rs.24,500/- cash in connection with Crime No.128 of 2022 on

the file of the respondent police.

For Petitioner

: Mr.S.Sankar

For Respondent

: Mr.B.Nambiselvan

Additional Public Prosecutor

1/4

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD).No.993 of 2022

ORDER

This criminal revision case has been filed against the order passed in

Cr.M.P.No.1373 of 2022, dated 09.06.2022 on the file of the learned

Judicial Magistrate No.III, Thanjavur.

2.This petitioner is the defacto complainant, in her capacity as owner,

she filed a petition under Sections 451 and 457 of Cr.P.C. before the trial

Court, seeking interim custody of the jewels that are involved in the above

said crime. The above said property has been recovered and remanded

before the trial Court. That petition was dismissed on the ground that apart

from this petitioner other legal heirs are available to the petitioner's father.

But, the counsel for the petitioner submitted that he has also produced the

document in the form of affidavit, dated 16.05.2022, from the brothers of

the petitioner namely Mohammed Ariff, Mohammed Kasim, Mohammed

Rafik and Mohammed Ali, before the trial Court, by which, they have given

their consent for return of the above said articles. But, it appears that the

above said document that was not even discussed or considered by the trial

Court. According to him, the original document has been produced before

the concerned trial Court. Only copy has been produced in this Court.

2/4

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD).No.993 of 2022

3.Considering the above said fact that the affidavit filed by the other

legal heirs giving their consent, there can be no objection by the respondent

police with regard to the return of the above said articles as interim custody.

4.In view of the above said submissions, this criminal revision case is

allowed and the order, dated 09.06.2022, passed by the learned Judicial

Magistrate No.III, Thanjavur, in Crl.M.P.No.1373 of 2022 is hereby set

aside. The trial Court, after taking photographs of the articles, by following

the proper procedure and by making proper record in the presence of

complainant and the respondent, return the articles to the petitioner, with

conditions as it deem it fit.

04.01.2023

Index : Yes / No

Internet : Yes / No

TM

To

1.The Judicial Magistrate No.III, Thanjavur.

2.The Inspector of Police,

Ayyampettai Police Station,

Ayyampettai,

Thanjavur District.

3/4

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD).No.993 of 2022

G.ILANGOVAN,J.

TM

Crl.R.C.(MD).No.993 of 2022

04.01.2023

4/4

https://www.mhc.tn.gov.in/judis