SANTHAPPAN Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) The Revision Petitioner/Petitioner has preferred the instant Criminal Revision Petition as against the order, dated 13.7.2015 in Crl.M.P.No.4279 of 2015, passed by the Learned Judicial Magistrate, Sankarankovil, Tirunelveli District.

(2.) The Learned Judicial Magistrate while passing the impugned order in Crl.M.P.No.4279 of 2015 (filed by the Revision Petitioner as Petitioner) on 13.7.2015...had inter-alia observed that ''this case was filed under sections 420, 380 of IPC and that was at preliminary stage, without completion of enquiry and the Police had not filed the charge-sheet and at the time of the Petition enquiry(Crl.M.P.No.4279 of 2015) even though on the side of the Respondent/Police, the Inspector of Police had not appeared but the Constable had appeared and in the notice had mentioned ''no objection'' and the same was not to be accepted and like-wise, the Petitioner(Revision Petitioner) in his petition, had mentioned that he was in difficult situation and in the present circumstance, if the Petitioner receives the money, he would be spending the same and also for the same amount, the case accused had also projected a petition and only during the time of trial of the case, it would be found out as to who is the owner of the money and moreover, when the investigation was at incomplete stage, at this stage, the Petition could not be allowed'' and resultantly, dismissed the Petition, in the interest of justice.

(3.) A mere running of the eye over the contents of the Petition in Crl.M.P.No.4279 of 2015 filed before the trial Court by the Revision Petitioner(as Petitioner) under Section 451 of Cr.P.C indicates that the Revision Petitioner/Petitioner had claimed a sum of Rs.68,000/- to be handed over to him and he had also stated that in the event of the said money being handed over to him, he would not exchange the same and as such, prayed for handing over of the said amount to him. He had also stated that he was willing to hand over the said amount to the Court.