Madras High Court
Manikandan vs State Rep. By Its on 17 July, 2023
Crl.R.C.(MD).Nos.532 and 628 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
Crl.R.C(MD).Nos.532 and 628 of 2023
Crl.R.C(MD).No.532 of 2023
Manikandan ... Petitioner
Vs.
1. State rep. by its
The Inspector of Police,
District Crime Branch,
Tirunelveli District,
Crime No.3 / 2018
2.Mariraj
(R2 is impleaded as per Court
order dated 21.06.2023 in crl.M.P.No.8716/2023) ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401
Cr.P.C., to call for the records relating to the impugned order passed in
Crl.M.P.No.5027 of 2022 on the file of the learned Judicial Magistrate
Court No.I, Tirunelveli, dated 05.08.2022, set aside the same and
consequently, direct the respondent police to handover the key of the
petitioner's godown and remove the seal and allow this revision.
Crl.R.C(MD).No.628 of 2023
Gubendra Raj ... Petitioner
Vs.
1/6
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD).Nos.532 and 628 of 2023
1. State rep. by its
The Inspector of Police,
District Crime Branch,
Tirunelveli District,
Crime No.3 / 2018
2.Suresh
(R2 is impleaded as per Court
order dated 30.06.2023 in crl.M.P.No.9442/2023) ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401
Cr.P.C., to call for the records relating to the impugned order passed in
Crl.M.P.No.16715 of 2019 on the file of the learned Judicial Magistrate
Court No.I, Tirunelveli, dated 27.02.2020, set aside the same and
consequently, direct the respondent police to hand over the key of the
petitioner's godown.
For Petitioner in
both Crl.R.C : Mr.S. Suresh Manickam
For 1st respondent : Mr. P. Kottaichamy
in both cases Government Advocate (Crl. side)
For 2nd respondent : Mr. Selva Krishnan
in Crl.R.C(MD).No.532 of 2023
For 2nd respondent : Mr. Subramanian Kishore
in Crl.R.C(MD).No.638 of 2023
ORDER
The petitioners are the owner of the godown situated at Kalugumalai, Sankaran Kovil Road.
2. The learned counsel appearing for the petitioners submitted that the petitioners who are the owners of the property only 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).Nos.532 and 628 of 2023 maintained 1750 numbers of paddy gunny bags alone in the godown. Since the premises are locked and sealed they are not able to maintain the same and they are only depending on the godown for income. He further submitted that the offence only committed by the accused and the petitioners are no way connected with case.
3. The learned Additional Government Pleader appearing for the respondent Police submitted that the offence registered in Crime no.3 of 2018, on the file of the respondent police and after the investigation they have filed a final report and the C.C number also assigned. In the said situation, the learned counsel appearing for the petitioner submitted that there is no purpose to keep the premises without utilizing the same.
4. This Court considered the rival submissions made by the learned counsel appearing on either side and perused the records available on record.
5. I have perused the final report produced by the learned Additional Public Prosecutor and the rental agreement rendered between the petitioner and the tenant. Admittedly, these petitioners are not an 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).Nos.532 and 628 of 2023 accused and there is no allegation in the petition that they have also conspired with the other accused to commit the offence in the said First Information Report. The further allegation is that the accused after storing the husky bags obtained the loan and cheated the Bank. Hence, the competent authority viz., complainant filed criminal case before the jurisdiction police and in the said circumstances, the petitioners have filed petitioner under Sections 451 Cr.P.C., before the Court below.
6. Hence, this court is inclined to allow these revisions and accordingly, allowed with the following conditions:
i) the 1st respondent police is directed to take photograph of the entire spot and also take husky bags.
ii) On completion of such process, the respondent police is directed to hand over the possession of the petitioners.
iii) The petitioners are directed not to alienate the properties till the deposal of the criminal case.
17.07.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).Nos.532 and 628 of 2023 To
1. The learned Judicial Magistrate Court No.I, Tirunelveli,
2. The Inspector of Police, District Crime Branch, Tirunelveli District, 5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).Nos.532 and 628 of 2023 K.K. RAMAKRISHNAN. J., trp Order made in Crl.R.C(MD).Nos.532 and 628 of 2023 Dated : 17.07.2023 6/6 https://www.mhc.tn.gov.in/judis