Madras High Court
D.Kisanlal vs State Rep. By on 21 August, 2023
Author: R. Hemalatha
Bench: R. Hemalatha
Crl.R.C.No.1263 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.R.C.No.1263 of 2023
D.Kisanlal ... Petitioner
Vs.
State Rep. by
The Inspector of Police,
T-10, Thirumullaivoyal Police Station,
Thirumullaivoyal, Chennai. … Respondent
(Crime No.447/2022)
Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal
Procedure Code to set aside the order dated 17.05.2023 in
C.M.P.No.1249/2023 passed by the learned Judicial Magistrate,
Allikulam.
Page 1 of 7
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1263 of 2023
For Petitioner : Mr.M.Ravindhar
For Respondent : Mr.R.Vinothraja, GA (Crl. Side)
ORDER
Challenging the orders dated 17.05.2023 in CMP No.1249/2023 passed by the learned Judicial Magistrate Court, Allikulam, the present revision is filed. The petitioner is the second accused in Crime No.447/2022 on the file of Thirumullaivoyal Police Station.
2.The case of the prosecution is that on 18.06.2022, one Tmt.Muthulakshmi gave a complaint with the Sub-Inspector of Police, Thirumullaivoyal Police Station alleging that she and her husband went to Rakki Theatre on 09.06.2022 at 10.00 pm for watching a movie and thereafter, they returned back home at about 05.00 am, the next day. The complainant found the cupboard of her house open and on further search, it was found that 8 sovereigns of gold jewels were missing. She, therefore, lodged a complaint with the Sub-Inspector police, Thirumullaivoyal Police Station and FIR in Crime No.447/2022 was Page 2 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1263 of 2023 registered for the offences punishable under Sections 454 & 380 IPC.
3.The Sub Inspector of Police took up the investigation, went to the scene of occurrence and prepared an Observation Mahazar and a rough sketch in the presence of the witnesses and examined the defacto complainant and her husband. He thereafter, arrested the accused, namely, Sathish near Annanur Railway Bridge and recorded his confession statement in the presence of two witnesses. In the confession statement, the accused Sathish had stated that he had pledged eight sovereigns of gold jewels with Bhavani Bankers & Pawn Brokers which is owned by the present revision petitioner. The Sub Inspector of Police took the accused to his house and seized one i-phone, laptops-3 numbers and CBZ Extreme Hero Honda Bike bearing Reg No.TN-05-AK-0258 under a seizure mahazar. Thereafter, he was taken to Bhavani Bankers & Pawn Brokers. One Tejaram who is the cousin of Kisanlal (owner) was enquired. He said that the owner of the shop, the petitioner herein, had gone to Rajasthan. The police seized 32 Bill books and 2 Ledgers from the said pawn broker shop. Subsequently, the present revision petitioner was shown as Accused No.2 in the very same Crime No.447/2022 for Page 3 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1263 of 2023 receiving stolen properties. The Inspector of Police filed an alteration report before the learned Judicial Magistrate, Ambattur showing the present revision petitioner as Accused No.2.
4.The revision petitioner filed a petition under Sections 451 & 457 Cr.PC for return of 32 bill books and 2 Ledgers before the learned Judicial Magistrate, Ambattur in C.M.P.No.1249/2023. The said petition was dismissed by the learned Judicial Magistrate on the ground that since the stolen articles were not recovered by the police till date, the bill books and Ledgers cannot be returned to the present revision petitioner (A2). Aggrieved over which, the present revision is filed.
5.Heard, Mr.M.Ravindhar, learned counsel for the revision petitioner and Mr.R.Vinothraja, learned Government Advocate (Crl. Side) for the respondent.
6.Mr.M.Ravindhar, learned counsel for the revision petitioner contended that the present revision petitioner did not receive any stolen articles as alleged by the prosecution and that he is unable to carry on his day to day affairs as the 32 bill books and 2 Ledgers maintained during the course of business were seized by the police. Page 4 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1263 of 2023
7. Mr.R.Vinothraja, learned Government Advocate (Crl. Side) raised serious objection for returning the bill books and Ledgers on the ground that the present revision petitioner and the main accused Sathish were involved in one previous case of similar nature in Crime No.262/2022 of Thiruverkadu Police Station for the offence punishable under Sections 454, 380 & 413 IPC and that the accused Sathish is in the habit of pledging stolen jewels with the present petitioner.
8.In this case, the complaint was given during the year 2022 and the police have not yet filed the final report. If the police want to rely on the bill books and the Ledgers of the revision petitioner, they can very well take photostat copies of the same and file it before the trial court. Keeping the original bill books and Ledgers in the police station would not serve any useful purpose for both the petitioner and the respondent police.
9.Accordingly, this Criminal Revision Case is allowed and the impugned order dated 17.05.2023 in C.M.P.No.1249/2023 passed by the learned Judicial Magistrate, Allikulam is set aside. Consequently, 32 bill books and 2 Ledgers shall be returned to the revision petitioner subject to Page 5 of 7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1263 of 2023 the following conditions :
i. The petitioner shall execute a bond for a sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) before the learned Judicial Magistrate Court, Allikulam. ii. the petitioner shall also produce the said original bill books and Ledgers as and when required by the trial court or by the respondent police.
iii. The Magistrate Court shall take photostat copies of the relevant pages of the Ledger and bill books and keep the same with the bundle.
21.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To
1.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.
2.The Judicial Magistrate, Allikulam. Page 6 of 7
https://www.mhc.tn.gov.in/judis Crl.R.C.No.1263 of 2023 R. HEMALATHA, J.
mtl Crl.R.C.No.1263 of 2023 21.08.2023 Page 7 of 7 https://www.mhc.tn.gov.in/judis