THANGAM ALIAS THANGATHAMMAL Vs. STATE

JUDGEMENT

(1.) THIS revision has to be allowed on a short ground. The petitioner is one of the accused in a case of theft. During the course of investigation, P.W.1 has filed an application for return of the property and the same was ordered in favour of P.W.1 granting interim custody. At the conclusion of trial, after the questioning was over under section 313 of the Code of Criminal Procedure, A-3 the petitioner filed an application under section 452 of the Code of Criminal Procedure claiming the property stating that she is entitled to get possession of the property as it belongs to her. After trial, on consideration of the materials, the trial court acquitted the accused including the petitioner and dismissed the application under section 452 of the Code of Criminal Procedure filed by the petitioner mainly on the ground that application was belatedly filed. As against this order of dismissal of the application under section 452 of the Code of Criminal Procedure, the petitioner filed on appeal before the court of session, Madurai under section 454 of the Code of Criminal Procedure the sessions court which in turn, confirmed the order of trial court and dismissed the same.

(2.) IT is pointed out that though the notice has been served on the complainant herein who is the second respondent, none appeared on his behalf.