P HAMZA Vs. STATE

JUDGEMENT

(1.) The petitioner challenges the order of learned Principal District and Sessions Judge, Vellore, passed in Crl.R.P. No. 31 of 2013 on 05.09.2013 confirming the order passed by learned Judicial Magistrate I, Thirupathur, in C.M.P. No. 2105 of 2013 on 29.05.2013. Heard learned counsel for petitioner and learned Additional Public Prosecutor.

(2.) The petitioner is facing prosecution in case registered in Crime No. 98 of 2013 on the file of the respondent police for offence under Section 420 IPC. In connection with the said case, the petitioner's Innova Car as also a sum of Rs. 60,000/- were seized from him and the petition seeking return thereof was dismissed by learned Judicial Magistrate I, Tirupathur, Vellore District, under orders in C.M.P. No. 2105 of 2013 dated 29.05.2013 on the reasoning that the petitioner failed to comply with the condition imposed on him while granting bail and that he sought return of his properties through his Power Agent thereby trying to evade the proceedings before the Court below. There against, the petitioner has moved a revision in Crl.R.P. No. 31 of 2013 before learned Principal District and Sessions Judge, Vellore, which came to be dismissed under orders dated 05.09.2013. In dismissing the revision, the lower Appellate Court inter alia observed that the confession statement of the petitioner informs of his having purchased the Car by swindling public money. It held that though such position is contested, it would be a matter for trial.

(3.) Taking into consideration the nature and gravity of offence alleged against the petitioner, that one of the co-accused had absconded, that there was no provision to hand over properties to Power Agent, which was the relief sought before it by the petitioner, the Court below has dismissed the petition. On this Court observing that though the petition is filed under Section 482 Cr.P.C., the petition in effect is one seeking a second revision which is barred under section 397(3) Cr.P.C., learned counsel for petitioner has placed before this Court the following judgments: