R.JAYANTHI Vs. STATE

JUDGEMENT

(1.) This Revision case is filed challenging the order passed in Crl.M.P.No.511 of 2011 in Crime No.4/AC/2021 on the file of the learned Special Judge (Special Court for trial of Cases under the Prevention of Corruption Act), Salem.

(2.) Crl.M.P.No.511 of 2021 was filed under Sec. 451 Cr.P.C to return locker key, which were handed over to the Court by the respondent police. It is alleged in the petition that the respondent registered a case against the petitioner and her husband G.Selvakumaran, Executive Engineer, MGNREGS, Rural Development Department, Vridhachalam Division in Crime No.4/AC/2021 for the offence under Sec. 13(2) r/w.13(1)(e) of Prevention of Corruption Act, 1988 and Prevention of Corruption Amendment Act, 2018 r/w. Sec. 109 IPC. Petitioner's motherin-law was in Government service and retired in 1996. She accumulated 150 sovereigns of gold and cash during her service and gifted the same to petitioner's family as per family partition deed dtd. 10/2/2021. At the time of petitioner's marriage, she was gifted 120 sovereigns of gold jewels, and cash as Sridhana. Her mother and relatives gifted gold articles during festive occasions and during the birth of children. She is an income tax assessee and doing business in mining activities. A false case has been registered against her and her husband. She was summoned to UCO Bank on 10/3/2021 at about 5 p.m. The locker was opened in the presence of bank Manager. Inventory was taken. She has been using the locker to safeguard her valuable things. Her daughter's marriage arrangement is in progress. It is necessary for her to wear the jewels as per customs. Therefore, the petition for seeking return of jewels and locker key.

(3.) Respondent filed counter objecting to the return of jewels and handing over the locker key.