S. SIVAPERUMAL Vs. B. GOPAL

JUDGEMENT

(1.) THE complainant in Crime No. 717 of 1989 on the file of the second Respondent has filed the Crl. O.P. Nos. 298 to 303 of 1991 praying to set aside the order in Crl. M.P. Nos. 211 to 216 of 1990 on the file of the XI Metropolitan Magistrate who has passed a common order holding that Petitioner (first Respondent therein) is entitled to the sum of Rs. 69,000/ - in Indian Overseas Bank, Kayalpatnam, standing in his name in R.D. and directing release of the said sum on the Petitioner therein executing a bond for Rs. 70,000/ - for immovable property with one surety for a like sum on condition that he should produce the amount as and when directed by the court.

(2.) THE first Respondent herein is the accused in the cases arising out of Crime No. 717 of 1989 on the file of the second Respondent. He is the Petitioner in Crl. M.P. Nos. 211 to 216 of 1990. The Petitioner herein is the first Respondent and the Sub -Inspector, Central Crime Branch is the third Respondent in that petition and Public Prosecutor is arrayed as second Respondent. On perusal of the common order in Crl. M.P. Nos. 211 to 216 of 1990 the following factors emerge:

(3.) IT is seen from the order of court below that the amount in deposit in Indian Overseas Bank, Kayalpatnam to a tune of Rs. 69,000/ - was freezed under Section 102 of Code of Criminal Procedure. But that fact was not intimated to the court by the investigating officer. As per Section 102(1), Code of Criminal Procedure, any police officer may seize any property which may be alleged or suspected to nave been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. As per Section 102, Sub -section 3 every police officer acting under Sub -section (1) shall forthwith report the seizure to the Magistrate having jurisdiction. In this case, no such report has been sent by the Sub -Inspector to the Court. As per the order of the Court below, only after the filing of the petition in Crl. M.P. Nos. 211 to 216 of 1990, the freezing of this amount under Section 102, Code of Criminal Procedure was reported to the Court. The Court below has observed as follows: