JAYARANI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the de facto complainant in Crime No. 237/2011 of Aranmula Police Station registered for the offences punishable under Section 379 and 341 of the Indian Penal Code. On her way to a temple on the evening on 20.04.2011 a gold chain worn by her was snatched away by a culprit was her case for registration of the crime. While that crime was pending investigation some persons who assembled for the purpose of committing dacoity were apprehended by the Sub Inspector of Police, Vattiyoorkavu Police Station, Thiruvananthapuram, and a crime was registered against them as Crime No. 478/2011 of the above station for the offence under Section 402 of the Penal Code. Custodial interrogation of the apprehended persons revealed that one among them was the culprit involved in Crime No. 237/2011 of Aranmula Police Station. Gold chain alleged to have been snatched by him from the de facto complainant in that crime was recovered and seized into custody. After completion of the investigation of Crime No. 478/2011 final report was laid before the court. As the offence covered by that final report was exclusively triable by a court of Sessions it was duly committed, and, presently, on transmission the case, now, numbered as S.C. No. 1117/2011, it is pending before the Assistant Sessions Judge, Nedumangad, for trial. Petitioner/de facto complainant in Crime No. 237/2011 moved an application under Section 451 of the Code of Criminal Procedure for release of her gold ornament, which, on the report of the investigating officer was seized and produced in the aforesaid case. Learned Sessions Judge has dismissed that application holding that her application was not entertainable since her previous request had been declined. Annexure A5 is the copy of that order. Challenge in the petition is against Annexure A5 order invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, for short the 'Code'. Learned Public Prosecutor, after getting instructions, submits that a report has been now filed in Crime No. 237/2011 of Aranmula Police Station by the investigating officer before the Judicial First Class Magistrate Court -I, Pathanamthitta, to call for the material object, gold ornament and also Mahazar prepared over its seizure which have been produced in Crime No. 478/2011 of Vattiyoorkavu Police Station before the Magistrate court. Learned Public Prosecutor is not in a position to state whether the aforesaid articles are before the Magistrate or after committal of the case before the Assistant Sessions Judge, Nedumangad. Whatever that be, there will be a direction to the Judicial First Class Magistrate, Pathanamthitta, to take appropriate necessary action on the report filed by the Investigating Officer in Crime No. 237/2011 of Aranmula Police Station by addressing the court concerned for production of the gold ornament and also the relevant Mahazar relating to its seizure. In case, the learned Assistant Sessions Judge finds that the seizure Mahazar and also the gold ornament, if they have been produced before his court in Sessions case No. 1117/2011, have any relevance in the trial proceeded against the accused, he shall follow the directions given by the Supreme Court in Sunderbhai Ambalal Desai V. State of Gujarat : 2003 (2) KLT 1089 (SC), and, then, transmit the seizure Mahazar and gold ornaments to the Judicial First Class Magistrate, Pathanamthitta. Public Prosecutor in charge of Sessions case No. 1117/2011 shall also take necessary steps to obtain photo copies of the seizure Mahazar and also the gold ornament to facilitate the transmission of that record and material object to the court concerned, that is Judicial First Class Magistrate, Pathanamthitta, without further delay. I make it clear that none of the observations made in Annexure A5 order by the Assistant Sessions Judge, Nedumangad, nor the previous orders passed on the application moved by the petitioner for interim custody of the gold ornament shall stand in her way in moving an application afresh before the Judicial First Class Magistrate, Pathanamthitta, to seek release of the interim custody of the ornament provided she is entitled to have such