High Court Kerala High Court

V.Sanu vs State Of Kerala Rep.By P.P O/O on 29 October, 2008

Kerala High Court
V.Sanu vs State Of Kerala Rep.By P.P O/O on 29 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2864 of 2008()


1. V.SANU,S/O.VIVEKANANDAN,AGED 52,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP.BY P.P O/O.
                       ...       Respondent

2. CENTRAL BUREAU OF INVESTIGATION REP.BY

                For Petitioner  :SRI.P.JACOB VARGHESE (SR.)

                For Respondent  :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :29/10/2008

 O R D E R
                 M. SASIDHARAN NAMBIAR, J.
                   ------------------------------------------
                   CRL.R.P. NO. 2864 OF 2008
                   ------------------------------------------
              Dated this the 29th day of October, 2008

                               O R D E R

This petition is filed under section 397 and 401 of Code

of Criminal Procedure challenging the order passed by Special

Judge (SPE/CBI)-I, Ernakulam dismissing the application filed

under section 457 of Cr.P.C. for interim custody of the currency

notes, DVD player, Sub Woofer, Central Speaker, front speakers,

Digital Video Camera and passport seized by the investigating

agency while investigating the case under Prevention of

Corruption Act. Case of the petitioner is that Special Judge was

not justified in dismissing the application for the reason that

petition is filed under section 457 of Cr.P.C. as the application

should have been filed under section 451 of Cr.P.C. on the

ground that articles were not produced before the Court when

they were not produced as material objects necessary for the

purpose of trial.

2. The learned senior counsel submitted that

subsequently as represented by the counsel appearing for

second respondent on 16.10.2008, an additional list of material

CRRP 2864/08 2

objects were submitted before the special Court stating that they

were omitted to be mentioned in the final report filed under

section 173 of Cr.P.C. and in view of the said statement,

petitioner may be permitted to move an application under

section 451 of Cr.P.C. and Special Judge may be directed to

dispose the application, if filed, without delay.

In view of the submission the revision is dismissed.

Petitioner is permitted to file an application under section 451 of

Code of Criminal Procedure before the special Court. If such an

application is filed, Special Judge, Ernakulam is directed to

dispose the same without any delay.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-