P. DURAISAMY Vs. STATE AND OTHERS

JUDGEMENT

(1.) These petitions have been filed to set aside the orders passed by the Judicial Magistrate, Gingee, in C.M.P.Nos.5943 and 5944 of 2016, on 18.01.2017 and direct the learned Judicial Magistrate, Gingee, to return the property 'Johndeere Tractor and Tipper' bearing Registration No.TN-32-Q- 3420 to the petitioner herein.

(2.) On the complaint lodged by Duraisamy, the petitioner/de facto complainant herein, the 1st respondent police have registered a case in Crime No.136 of 2016 on 03.04.2016, under Section 397 IPC, against Ramakrishnan, the 2nd respondent herein.

(3.) It is the case of Duraisamy that Ramakrishnan, the accused/ 2nd respondent herein, is the son of Duraisamy's brother, late Purushothaman. On account of the disputes among the family members, a suit for partition, in O.S.No.427 of 2016, is pending before the Principal District Munsif Court, Gingee, in which, both Duraisamy and Ramakrishnan are parties. While so, it is alleged by Duraisamy that his Johndeere Tractor bearing Registration No.TN-32-Q-3420 was found missing on 28.02.2016 and he learnt that it was stolen by his nephew Ramakrishnan. Hence, on the complaint given by Duraisamy, an FIR was registered as stated above. During the course of investigation, Ramakrishnan was enlarged on Anticipatory Bail. However, the police had recovered the tractor and had produced the same before the Judicial Magistrate, Gingee.