SOMASEKHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This M. C. is filed by the defacto complainant in C.C. 124/97 pending before the Judicial First Class Magistrate's Court - I, Thiruvananthapuram challenging the order in C.M.P. 3825/99 dated 13.10.1999 confirmed by the revisional court in Crl. R. P. No. 113/99.

(2.) C.C. 124/97 is instituted against the accused therein on the basis of the complaint filed by the petitioner alleging offences punishable under S.420, 465, 462 and 471 read with 34 of I.P.C. The allegation was that the accused cheated the petitioner of Rs. 20,000/-. Though the crime was registered and charge sheet was laid after investigation and the above C.C. is pending before the Magistrate's Court, the accused who belonged to U.P. are still absconding. An amount of Rs. 20,600/- was recovered from the accused by the investigating officer during the course of investigation and the same was produced before the Court. The petition filed by the petitioner seeking release of the amount of Rs. 20,000/- under S.451 of the Cr.P.C. was dismissed on 27.12.1996, since the amount produced before the Court is Rs. 20,600/- and the amount sought to be released by the petitioner being Rs. 20,000/-, the amount cannot be split up from the total amount produced. Thereafter the amount has been lying in court.

(3.) The petitioner filed C.M.P. 3825/99 before the Trial Court for release of Rs. 20,000/- out of the amount produced in court. That petition is dismissed by the Trial Court by order dated 13.10.1999 holding that if the amount is returned to the petitioner at present, he should return the very same currency notes at the time of trial in this case and therefore, the petitioner cannot use the money as currency even if the amount is returned to him. Though the petitioner challenged that order in Crl. R. P. 113/99 before the Sessions Court, Thiruvananthapuram, the same was dismissed by the Sessions Court holding that the order passed under S.451 of the Cr.P.C. is not revisable under S.397(2) of the Cr.P.C. and in view of Circular No. 19/61 dated 2.8.1961 issued by this Court, even if the amount is returned to the petitioner with a direction to produce the same at the time of trial, no useful purpose will be served to the petitioner by obtaining interim custody of the property in the form of cash.