PALANIVEL Vs. STATE

JUDGEMENT

(1.) The above Criminal Revision Petition filed against the Order of the Judicial Magistrate No.II, Attur in Crl.M.P.No.3160 of 2017 dtd. 14/12/2017 dismissing the petition filed by the petitioner herein, under Sec. 451 of Cr.P.C for return of the cash of Rs.3,35,000.00.

(2.) According to the revision petitioner herein, the accused has robbed 34 sovereigns of gold, Rs.7,20,000.00 in cash and skoda rapid Car from the house of the petitioner on 7/7/2017. Thereafter, the case was registered under Sec. 392 of I.P.C against the accused and during the Course of investigation a sum of Rs.3,35,000.00 in cash was seized from the accused persons along with the cash and the same was later on handed over to the custody of the learned Judicial Magistrate.

(3.) Subsequently, the petitioner herein moved the learned Judicial Magistrate for return of the property under Sec. 451 of Cr.P.C for the same was partially allowed by the learned Judicial Magistrate, by directing return of the car, which was seized, but rejected the return the money for a sum of Rs.3,35,000.00 which was recovered. According to the learned Judicial Magistrate, the return of the cash to the petitioner herein, will hamper the progress of trial, particularly when the investigation was not yet over. The learned Judicial Magistrate also concluded that if the money is returned, the same will be spent and will not be available for completion of the trial. As against the order passed by the Judicial Magistrate, the present Criminal Revision Petition has been filed.