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TMI Blog2016 (2) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... property document, there is no pride in having a property. Thus, one's right to hold the property document itself is a legal right. It can be taken away only in a manner known to law, dehors law, a person's property document cannot be taken away. Now, in this case, already there is judicial direction to return the documents to the petitioner in the proceedings initiated under the Arbitration and Conciliation Act. It cannot be denied that the said property documents belong to the petitioner. It also cannot be denied that directions have been issued by this Court in C.M.A.No.3109 of 2012 to A2 to return the said documents to the petitioner. Thus, in the interest of justice, the documents are required to be returned to the petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013. However, he did not pursue it. Thus, it was dismissed on 08.7.2014. 5. In the meanwhile, on the same issue, there were some parallel proceedings under Arbitration and Conciliation Act as between the petitioner and A2. The sole arbitrator directed A2 to return the property documents to the petitioner. As against that, A2 filed Ar.O.P.No.21 of 2012. On 05.10.2012, the learned Principal District Judge, Tiruppur dismissed it. Aggrieved, A2 filed C.M.A.No.3109 of 2012 in this Court. It was dismissed. Thus on the civil side, petitioner had won. It is pertinent here to note that the said documents were not readily available with A2 because they are in the possession of CBI in connection with RC-6(E)/2010. 6. Now, petitioner has filed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) Cr.P.C as against A2. 11. For the purpose of Section 207 Cr.P.C, by way of a list, prosecution has to furnish details of oral evidence (statement of witnesses recorded under Section 161 Cr.P.C), documents which are proposed to be relied on as against the accused. It is to give a prior opportunity, knowledge to the accused to facilitate him to defend himself effectively which is guaranteed to him under Article 22(1) of the Constitution of India. It is an extension of principles of natural justice to criminal law. 12. In pursuing a crime reported, the investigating agency go in for collection of materials [see Sections 154, 156, 157 Cr.P.C]. In these type of cases usually maze of materials are collected. CBI peruse the records, ana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned Special Public Prosecutor also submitted that the said documents were seized from A2. 17. Courts should not promote dilatory process. Where in a case, a strong case has been made out to exercise the jurisdiction under Section 482 Cr.P.C, this Court has to exercise it. Where in a case this Court is required to exercise its inherent jurisdiction, it has to do it because Section 482 Cr.P.C begin with the non obstante clause Nothing in this Code shall be deemed to limit or affect powers of the High Court. 18. It cannot be denied that the said property documents belong to the petitioner. It also cannot be denied that directions have been issued by this Court in C.M.A.No.3109 of 2012 to A2 to return the said documents to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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