1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.280 of 2011 D.Kathammal ...Revision Petitioner/Petitioner Vs. State through the Sub-Inspector of Police, Thiruppuvanam Police Station, Sivagangai District in Crime No.368 of 2010. ... Respondent/Complainant Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. challenging the return of the property petition filed in Cr.M.P.No.629 of 2011 dated 28.01.2011 on the file of the learned Judicial Magistrate, Manamadurai, Sivagangai District in Crime No.368 of 2010 pending investigation before the respondent police. For Petitioner : M/s. T.K.Gopalan For Respondent : Mr.P.Rajendran, Govt. Advocate (Crl.side) O R D E R The revision petition is filed against the order dated 28.01.2011 in Cr.M.P.No.629 of 2011 on the file of the Court of Judicial Magistrate, Manamadurai, under which, the prayer made by the petitioner for return of the lorry under Section 451 of Cr.P.C., came to be dismissed. 2. The learned counsel appearing for the petitioner would submit that the lorry bearing Registration No.TN-59T-0370 was said to have been involved for the commission of the offences under Sections 147, 294(b), 427, 379(NP) and 506(ii) I.P.C. and the case in Crime No.368 of 2010 has been registered by the respondent police. It is further submitted by the learned counsel for the petitioner that as per the partnership deed dated 17.10.2002, the petitioner, her husband and her son were the partners of M/s.Ayyanar Engineering Contract and on the demise of her husband on 19.09.2006, the partnership came to be reconstituted on 20.11.2006 and once again reconstituted with the petitioner and her son on 25.07.2010. Since the registration certificate of the lorry also stands in the name of the firm, the above said petition has been filed through her son for return of the property and the same was dismissed by the lower Court on the ground that the application has been filed by the son and that there is no details available with regard to the partners of the firm viz., Ayyanar Engineering Contract Company. It is further submitted by the learned counsel for the petitioner that now the petitioner is in possession of the partnership deeds pertaining to the above said firm and one more opportunity may be given to the petitioner to submit those https://hcservices.ecourts.gov.in/hcservices/ 2 documents for consideration of the lower Court and hence, prayed for setting aside the impugned order. 3. On the said submission, the Court heard the submission of the learned Government Advocate (Crl.side) also. 4. On perusal of the typed set of documents would disclose that the partnership deeds have been filed to show that the petitioner is one of the partners of the firm viz., M/s. Ayyanar Engineering contract. However, this Court is not expressing any opinion with regard to the said partnership deeds, since the learned counsel appearing for the petitioner made a submission that the petitioner will produce those documents for consideration before the lower Court for fresh adjudication. 5. In the result, the Criminal Revision Petition is allowed and the order dated 28.01.2011 passed in Cr.M.P.No.629 of 2011 is set aside and the matter is once again remanded to the Court of Judicial Magistrate, Manamadurai for fresh adjudication. 6. The petitioner is at liberty to submit the documents in support of her claim before the lower Court and the lower Court on receipt of those documents, is directed to consider the application afresh and dispose of the same on merits and in accordance with law as expeditiously as possible. sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Judicial Magistrate, Manamadurai, Sivagangai District. 2. The Sub-Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.R.C.(MD)No.280 of 2011 12.04.2011 akv RJ/23.5.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/