A wrongful exercise of power by a Judicial Magistrate resulted in a person losing his property. Following a petition, the Madras High Court has now, besides quashing the proceedings before the Magistrate, directed another person to whom the property was returned, to hand over the same to the lower court. The High Court said the Judicial Magistrate should return the property to the petitioner.
“The learned Magistrate has shown supine indifference to her constitutional obligation in the matter of justice delivery. I am hopeful that at least in future, the learned Magistrate concerned will be careful in the discharge of her judicial function,” Justice S. Nagamuthu observed.
Liyakath Ali, who claimed he was the owner of an offset printing machine, alleged that Eswaramurthy, the petitioner before the High Court, was illegally retaining the machine. He filed a petition before Judicial Magistrate No. II, Tirupur. Even without notice, the Magistrate passed an order in February 2008 issuing a search warrant to produce the case property.
The police Inspector searched the premises on February 25, 2008 and seized seven properties and produced them before the Magistrate the same day. On the same date, the Magistrate ordered return of the property to Mr. Liyakath Ali.
Mr. Eswaramurthy moved the High Court challenging the order. Citing the relevant provisions of Cr.P.C., Mr. Justice Nagamuthu said admittedly neither was there any trial nor was there any enquiry or any other proceedings pending before the Magistrate. Even without notice to the petitioner, the Magistrate had passed an order issuing a search warrant. Thus, it is ipso facto clear that the Magistrate had acted without jurisdiction in issuing the warrant.
He said the warrant was issued only in respect of the printing machine. But the Inspector seized not only that, but also six other properties of the petitioner.
The Magistrate did not even care to verify whether all the properties seized were in consonance with the warrant issued. After returning the property, Mr. Liyakath Ali would be at liberty to work out his remedy in a manner known to law.
