LAWS(MAD)-2014-11-107

USHA RAMACHANDRAN Vs. THE INSPECTOR OF POLICE

Decided On November 11, 2014
Usha Ramachandran Appellant
V/S
The Inspector Of Police Respondents

JUDGEMENT

(1.) THE petitioner in this revision case is a third party to C.C.No. 3766 of 2011 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

(2.) THE respondent filed a charge sheet in C.C.No. 3766 of 2011 against four persons and the first accused is a private limited company, namely, M/s. Soft Bank Micro Systems Pvt.Ltd., Chennai, A.2 is S.Sivasubramaniam, one of the Directors of the first accused company, A.4 is P.Kishore, one of the Directors of the first accused company, and A.3 is one R.Ramachandran.

(3.) AFTER filing of the charge sheet, trial has commenced and the Investigating Officer was examined as PW.42. On 9.11.2010, during search of the house of A.3, the Investigating Officer seized the Document bearing No. 1635 of 2010 standing in the name of the petitioner and also came to know that 3 Fixed Deposit Receipts bearing Nos. 494129, 494130 both dated 01.09.2010 and 0113330 dated 09.11.2009 issued by Canara Bank, Anna Nagar East Branch, Chennai are also standing in the name of the petitioner and therefore, issued a letter to the said Bank to freeze the aforesaid Fixed Deposit Receipts, without getting any order from the Court and also did not produce the Document bearing No. 1635 of 2010 before the trial Court nor marked the same during trial. Therefore, the petitioner, who is the wife of the third accused, in whose name the sale deed Document No. 1635 of 2010 and also Fixed Deposits stand, filed a Petition in CRL.M.P.No. 914 of 2014 under Sections 451 and 457 r/w 102of Cr.P.C. for return of the Sale Deed Document bearing No. 1635 of 2010, to direct the respondent to withdraw the letter sent to the Sub -Registrar, Sriperumbadur and to de -freeze the three Fixed Deposit Receipts. The learned Additional Chief Metropolitan Magistrate, Egmore, Chennai, passed an order directing the respondent to return the Sale Deed Document bearing No. 1635 of 2010 to the petitioner on the basis of the evidence of PW.42, Investigating Officer. Nevertheless, the learned Additional Chief Metropolitan Magistrate refused to pass any order with respect to the prayer of the petitioner to withdraw the letter sent by the Investigating Officer to the Sub -Registrar, Sriperambadur, directing the latter not to register any Document relating to the property covered under the Sale Deed Document bearing No. 1635 of 2010 and so also refused to de -freeze the Fixed Deposit Receipts in the name of the petitioner. Aggrieved by the same, this Revision Case is filed.