This petition has been filed seeking a direction to the first respondent to take appropriate measures in the case in Crime No.409 of 2009 to recover the gold ornaments worth about 28 sovereigns belonging to the petitioner from the second respondent and to deposit the same with the Chief Metropolitan Magistrate, Egmore, within a time frame as fixed by this Court.
2. The case of the petitioner is that she had pledged her gold jewels worth about 28 sovereigns to one Mohandass, who is a pawn broker and obtained a sum of Rs.1,20,000/-, for which, two receipts dated 06.06.2007 and 12.07.2008 for Rs.60,000/- each were issued. Apart from that, she had pledged gold ornaments to the tune of Rs.13,000/-, for which, no receipt was issued. Thereafter, in order to retrieve her gold jewels, she had also paid a sum of Rs.1,00,000/- within a period of six months from the date of pledge. While so, the petitioner came to understand that the said Mohandass had deposited all the gold jewels, which were pledged by the petitioner and others, with one M/s.Muthoot Finance Private Limited, Chennai and M/s.Manappuram Gold Finance Limited, Chennai /second respondent herein and that, after some times, he had fled away to Kerala. In such circumstances, one of the aggrieved person by name, Dilli Babu had preferred a complaint, based on which, a case in Crime No.409 of 2009 came to be registered against the said Mohandass. During the pendency of the said case, the second respondent herein approached this Court by way of Crl.O.P.No.26078 of 2011, which was, by order dated 22.01.2013 disposed of, with a direction to the second respondent herein to produce the available gold ornaments before the first respondent herein and on receipt of the same, the first respondent herein was directed to file charge sheet before the court concerned within a period of 30 days thereafter, failing which, deposit the gold ornaments before the Court concerned, who in turn, shall deal with it under Section 451 Cr.P.C. On coming to know about the same, the petitioner made a complaint to the Commissioner of Police, to take appropriate action to retrieve her gold jewels and the same is pending without any progress. Therefore, she has come up with the present petition for the above stated relief.
3. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the first respondent and the learned counsel for the second respondent and perused the materials placed before this Court.
4. A copy of the seizure mahazar now produced before this Court would disclose that as per the direction of this Court in Crl.OP.No.26078/2011 dated 22.01.2013, the Sub Inspector of Police, Central Crime Branch, Team-I, Vepery, Chennai has seized the gold jewels worth about 922.5 grams from the Divisional Office of the second respondent, in connection with the case in Crime No.409/2009 on 09.01.2017 in the presence of two witnesses. In view of the same, it is open to the petitioner to approach the Court concerned, with necessary proof, for return of her jewels. On filing of such application, the Court concerned shall consider the same and pass appropriate orders as per law.
5. Accordingly, this Criminal Original Petition is disposed of.
10.01.2017 Index:Yes/No rk To
1. The Sub Inspector of Police, Central Crime Branch, Egmore, Chennai – 600 008.
2. Chief Metropolitan Magistrate, Egmore, Chennai.
3. The Public Prosecutor, High Court, Madras-104.
R.MAHADEVAN, J.
rk Crl.OP.No.14619 of 2015 10-01-2017