VALLIAMMAL Vs. STATE

JUDGEMENT

(1.) ORDER :-

(2.) THE revision has been filed by the petitioner-Valliammal against the order passed in Crl. Appeal No. 50 of 1988 on the file of the 1st Additional Sessions Judge, Madras. Originally, the petitioner has filed an application in Crl. M. P. No. 1207/79 in C.C.No. 5669/78 on the file of the XV Metropolitan Magistrate, George Town, Madras, under Section 452 Cr. P.C. for return of M.O. 3 (series) alone (Rs. 4,500/-) to the petitioner. By mistake, the Magistrate has passed an order directing the complainant 2nd respondent to deposit all the M.Os. (MO. 1 to MO. 9) before the Court. Against this order the complainant/second respondent has filed an appeal in Crl. Appeal No. 50 of 1988 on the file of the first Additional Sessions Judge, Madras, which was heard and held that the Magistrate need not insist for production of all the properties and it may direct for production of M.O. 3 (series) alone as prayed for by the petitioner. Against this order, the petitioner has filed this revision, stating that without hearing him and without any service of summon, the order has been passed and as such the order has to be set aside.