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Ramamani Vs. Kanakasabai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad840(2); 31Ind.Cas.829
AppellantRamamani
RespondentKanakasabai
Excerpt:
criminal procedure code (act v of 1898), section 520 - powers of high court as to disposal of property. - .....deputy magistrate could have reviewed his order directing that the jewels should be given over on the joint receipt of the mother and the daughter, who are the disputants in this case. after that order was passed, a competent civil court has decided in a suit instituted by the mother that the jewels belonged to the daughter, who is the petitioner before us. that being so, there is no merit in support of the application made to the learned sessions judge asking him to set aside the deputy magistrate's order, who in conformity to the decision of the civil court had passed the second order directing that the jewels be returned to the petitioner. we have got ample powers under section 520 of the criminal procedure code to pass any order which may be just on the facts of the case. there can.....
Judgment:
ORDER

1. It is unnecessary for us to decide whether the Deputy Magistrate could have reviewed his order directing that the jewels should be given over on the joint receipt of the mother and the daughter, who are the disputants in this case. After that order was passed, a competent Civil Court has decided in a suit instituted by the mother that the jewels belonged to the daughter, who is the petitioner before us. That being so, there is no merit in support of the application made to the learned Sessions Judge asking him to set aside the Deputy Magistrate's order, who in conformity to the decision of the Civil Court had passed the second order directing that the jewels be returned to the petitioner. We have got ample powers under Section 520 of the Criminal Procedure Code to pass any order which may be just on the facts of the case. There can be no doubt that justice requires that the jewels should be returned to the petitioner. That being so, the order of the learned Sessions Judge will be set aside and. the jewels will be returned to the petitioner.


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