JOSE HORMESE Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner, estranged husband of the 2nd respondent to set aside the impugned order, dtd. 13/6/2022 in Crl.M.P.No.1394 of 2021 passed by the learned Judicial Magistrate No.I, Alandur.

(2.) Earlier this Court by order, dtd. 21/9/2022 disposed the present revision setting aside the impugned order directing the 1st respondent Police to register a case on the complaint of the petitioner, investigate and file charge sheet within a period of months and report compliance. Aggrieved over the same, the 2nd respondent herein preferred an appeal before the Hon'ble Apex Court in Criminal Appeal No.3388 of 2023 (arising out of SLP(CRL)No.11400 of 2022). The Apex Court on 21/11/2022 passed order of interim stay of operation of the order, dtd. 21/9/2022 in Crl.R.C.No.1291 of 2022 and thereafter, passed final order on 31/10/2023 setting aside the order of this Court dtd. 21/9/2022 in Crl.R.C.No.1291 of 2022 and restoring the revision to the file of this Court. Hence, this Court by order, dtd. 18/12/2023 impleaded the respondents 2 and 3, ordered notice, after hearing the petitioner and respondents, the following order is passed.

(3.) Gist of the case is that the petitioner is a Commander Pilot of Air India residing in Air India Staff Colony, Meenambakkam with his wife/2nd respondent and daughter Anushka Jose till the year 2018. The 2nd respondent went to Cochin for her own reasons, later decided to live there. The petitioner used to visit the 2nd respondent and his daughter frequently at Aluva, Ernakulam where the petitioner had an apartment. On 22/12/2018, the petitioner made arrangement for forthcoming family function which was to be held during January 2019 and suggested his wife/2nd respondent to wear gold ornaments since she was not wearing jewels on previous functions. Almost all jewels purchased by the petitioner. Normally, the jewels for safety kept in bank locker at State Bank of India, Meenambakkam Branch in Locker No.291 linked to Account No.30158914499. The said joint bank account operated by the petitioner and the 2nd respondent independently. Since the petitioner's wife was in Ernakulam, she informed her husband to bring the jewels. The petitioner was unable to find jewel box in Almirah of the house, after search, he was able to find the jewel box in a pouch. When he opened the jewel box, most of the jewels found missing and some were imitation jewels. The petitioner informed the same to his wife/2nd respondent. But the 2nd respondent was not shocked hearing about missing of jewels. The petitioner took the pouch to Cochin on 23/12/2018 and the 2nd respondent confirmed that except few gold and silver ornaments, the other jewels were imitation. Thereafter, petitioner, 2nd respondent and 2nd respondent's mother returned to Chennai, searched the entire house, later petitioner visited the State Bank of India, Meenambakkam to open the locker. Since the Bank employees announced strike on 24/12/2018, the locker could not be opened. Later the petitioner had gone to Ernakulam to celebrate Christmas on 26/12/2018, returned back to Chennai on 27/12/2018, opened the bank locker and found the locker empty. The petitioner informed the 2nd respondent to come Chennai to lodge a Police complaint and the petitioner booked air tickets for his wife and daughter to travel to Chennai in Air India on 28/12/2018. The 2nd respondent avoided travelling to Chennai. Thereafter, the petitioner gave a complaint to the 1st respondent Police as well as to the Assistant Commissioner of Police, Chennai-South for missing jewels.