N SATHIYAN Vs. G R VAIDYANATHAN

JUDGEMENT

(1.) The petitioner has preferred the revision aggrieved against the order passed by the learned Principal Sessions Judge, Kanyakumari at Nagercoil, dismissing the appeal filed by the petitioner in C.S. 56/95, dated 15.2.1996 and confirming the order of Judicial Magistrate, Padmanabhapuram in C.C. No. 482/89, dated 23.7.1990.

(2.) The case in brief for the disposal of the revision is as follows :

(3.) The learned counsel for the petitioner contended that the orders passed by both the Courts below are not proper and correct. The trial Court erred in returning the properties to the first respondent on the basis that there is no rival claim. No opportunity or notice was also given to the petitioner before passing the order of return. No enquiry was conducted by the Court as to who is entitled to the return of the property. In the absence of regular trial or enquiry with regard to the return of the property by examining witnesses and marking documents, the return order is erroneous. Simply because the prosecution gave no objection, it cannot be allowed automatically. The trial Court discharged the petitioner for an offence Under Section 411, IPC. The orders passed by both the Courts below are liable to be set aside and suitable direction has to be given to conduct an enquiry under Section 452 of the Code of Criminal Procedure.