Vasudevan vs State by Sub-Inspector of Police

C.T. Selvam, J.—The petitioner, who is the defacto complainant in Crime No. 96 of 2008 registered by the respondent for offences under Sections 457 and 380 IPC and a case wherein the accused have been arrested and recoveries of the articles that were stolen from the shop of the petitioner had been effected and which is now pending trial in C.C. No. 12 of 2009 on the file of the Learned Judicial Magistrate, Katpadi, seeks a direction to the Learned Judicial Magistrate, Walajah.

The reason for the petitioner seeking such relief is that when he filed a petition for return of property before the Judicial Magistrate, Katpadi, the same was returned for the reason that the case properties were yet to be submitted before such Court from the Judicial Magistrate, Walajah Court, wherein the case was earlier pending.

In the circumstances above stated, this Court does not feel it necessary to transfer the case. The petitioner''s interest could be safeguarded by directing the Judicial Magistrate, Katpadi, before whom the case is pending to consider the petition for return of property filed by the petitioner.

Accordingly, this Court directs the Judicial Magistrate, Katpadi to entertain the petition for return of properties in the case pending before it and to pass orders thereupon on merits. If the Judicial Magistrate, Katpadi, is pleased to permit the return of the properties as prayed for by the petitioner, then, on compliance with the conditions thereof, the petitioner is at liberty to produce a copy of the order passed by such Court to the Judicial Magistrate, Walajah, who shall effect compliance thereon in returning the property to the petitioner.