2016 (2) TMI 1110

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.....335 of 1995, dated 04.04.1995 and Document No.664 of 1986, dated 04.06.1986. 2. Based on a complaint, CBI registered a case in RC.6(E) of 2010. In the course of investigation, CBI raided the premises of one Srinivasan/A2, Managing Director of M/s.Sri Pamba Spinning Mill in Udumalpet. CBI seized several records. It included the documents stated at the outset. Admittedly, they belong to the petitioner. 3. Concluding the investigation, CBI filed its Final Report under Section 173(2) Cr.P.C before the learned II Additional Sessions Judge/Special Judge (CBI Cases), Coimbatore. The learned Special Judge took cognizance thereon in C.C.No.15/2011. The case is still pending. 4. The petitioner filed C.M.P.No.1253 of 2012 in the trial Court ....

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....rts by the New Code of 1973. This inherent jurisdiction is already there. This court possess such power by the very establishment of it as a court of justice. This inherent jurisdiction of this court to do justice has been saved by the New Code of 1973. This jurisdiction is to do justice and also to prevent injustice. 9. Though the power is so wide, it is not uncanalised. The parameters to exercise this power has been prescribed in Section 482 Cr.P.C itself. This Court can exercise its said jurisdiction (1) to implement any order passed under the Code, (2) to prevent abuse of process of any court, (3) or otherwise to secure the ends of justice. No doubt, this power has to be exercised sparingly, but when it is necessary, the Court has to....

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.... to be relied on as against the accused. No acceptable reason has been stated by the CBI to retain those documents. 14. These documents are property documents. Now, right to hold property though not a fundamental right became a legal right under Article 300-A of the Constitution of India. Though it is a private right, it has constitutional recognition. Without holding the 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. 15. Now, in this case, already there is judicial direction to return the documents to the petitioner in the procee....