This criminal original petition has been filed under Section 482 of Cr.P.C., praying to set aside the order in Crl.R.C.No.38 of 2008 passed by the P.C.R.Court, Thanjavur dated 30.04.2010, whereby, the order of the Judicial Magistrate, Kumbakonam dated 07.05.2008 in Crl.M.P.No.4249 of 2008 was confirmed.
2.The above order relates to return of property passed under
Section 451 of Cr.P.C. It is submitted by the learned Government Advocate (Criminal side) that 11 witnesses have already been examined and the trial is nearing completion and therefore, the final order as to the disposal of the property can be left to the trial Judge to be passed under
Section 452 of Cr.P.C.
3.The learned counsel for the petitioners also submits that the trial Judge may be directed to pass final orders independently without being influenced by the order passed under
Section 451 of Cr.P.C., by both the Judicial Magistrate as well as the learned District Judge.
4.Under the above circumstances, this criminal original petition is disposed of with the following direction:
(i)The Judicial Magistrate, Kumbakonam is directed to pass the final order as to the disposal of the property under
Section 452 of Cr.P.C., while delivering the judgment in the case, without being influenced by the earlier order of the Judicial Magistrate and the District Judge, passed under
Section 451 of Cr.P.C.
(ii)The trial Judge is also directed to dispose of the case, within a period of three months from the date of receipt of a copy of this order.
Consequently, connected miscellaneous petitions are closed.
To
1.The District Judge, P.C.R.Court, Thanjavur
2.The Judicial Magistrate, Kumbakonam.
3.The Inspector of Police, Kumbakonam East Police Station, Kumbakonam.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..