PUCKRAJ JAIN Vs. KRISHNAMOORTHY

JUDGEMENT

(1.) THIS revision has been preferred by one Puckraj Jain, receiver of 55. 550 grams of jewels, the case property in C. C. No. 778/1998. THIS revision has been preferred against the order passed in C. M. P. No. 246 of 1998 in c. C. No. 778 of 1988 on the file of the Judicial Magistrate No. I, Cuddalore.

(2.) THE said petition (C. M. P. No. 246 of 1998) was filed by one Krishnamoorthy, the complainant in C. C. No. 778 of 1988 under Section 91 (1)of Cr. P. C. , with a prayer to issue summons to produce the case property i. e. , 54. 550 grams of jewels from the custody of the respondents, R1-Rajendran, r2-Station House officer, Cuddalore N. T. , in Cr. No. 397/2002. THE other prayer in the said petition is to return the case property i. e. , 55. 550 grams of jewels to the petitioner viz. Krishnamoorthy. Both the respondent 1 & 2 have not filed any counter to the said application. Only the receiver Puckraj jain has filed a counter stating that he (Puckraj Jain) is only a pawn broker and that the accused Rajendran, the brother of the complainant Krishnamoorthy, has pledged the jewels on two different dates weighing 54. 500 and 0. 600 grams and that the Chief Judicial Magistrate, Cuddalore, has passed an order directing him (Puckraj Jain) to keep the jewels with him and execute a bond to produce the same whenever required by the Court. After going through the averments in the petition and counter filed by the receiver Puckraj Jain, the learned Judicial Magistrate has allowed the petition in part directing the receiver Puckraj Jain to produce the property before the Court and dismissed the petition for the prayer for return of the properties to the petitioner. Against the direction of producing the property before the Court by the receiver Puckraj Jain, this revision has been preferred by the Puckraj jain-receiver.

(3.) UNDER such circumstances, I am of the view that the revision petitioner cannot get any relief in this revision. But the remedy open to him is to file necessary application before the trial Court for appropriate orders from the Court concerned after producing necessary documents to show that the jewels were pledged with him. As per the orders of the Chief Judicial magistrate as well as this Court, he has to produce the case properties immediately before the trial Court, of course after getting necessary acknowledgment from the Court. With the above observation, this criminal revision is disposed of. Connected Crl. M. P. No. 4638 of 2005 is also closed. .