IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2267 of 2010()
1. M.V.VALSAN, S/O.GOVINDAN VAIDYAR,
... Petitioner
2. P.J.LUKA @ WILSON,AGED 46 S/O.P.S.JOSEPH
Vs
1. VALERIAN, S/O.THOMAS, MANCHERY HOUSE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.C.IYPE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 2267 OF 2010
===========================
Dated this the 20th day of September,2010
ORDER
By Annxure VI order Judicial First Class
Magistrate-I, Aluva released gold ingots seized
from the jewellery shop of the petitioners, to
first respondent under section 451 of Code of
Criminal Procedure on an application filed by
him. Petitioners challenged that order before
Additional Sessions Court, North Paravur in
Crl.R.P.122 and 123 of 2009. By Annexure VII
and VIII orders revisions were dismissed
holding that no revision will lie as the order
passed by the learned Magistrate is only on an
interlocutory application under section 451 of
Code of Criminal Procedure. This petition is
jointly filed by the petitioners in
Crl.R.P.122/2009 and 123/2009 contending that
learned Magistrate should not have granted
Crl.M.C.2267/2010 2
interim custody of the gold ingots to the first
respondent without affording opportunity to the
petitioners to raise their claim.
2. Though notice was served on the first
respondent, he did not appear.
3. Learned counsel appearing for the
petitioners and learned Public Prosecutor were
heard.
4. Crime 122/2004 of Chengamanad Police
Station was registered for the offences under
sections 454, 461, 395, 411 and 120B read with
section 34 of Indian Penal Code. According to the
petitioners, during the investigation of crime,
the Investigating Officer came to the jewellery
shop and demanded to give 500 gms of gold purchased
from a lady informing that accused had confessed
that stolen articles were sold to the petitioners.
It is alleged that apprehending their arrest,
petitioners produced the gold ingots and under
Annexure I mahazar the gold ingots were seized.
The gold ingots so seized were produced before the
Crl.M.C.2267/2010 3
court and by Annexure VI order in CMP 3153/2009 it
was released to the first respondent. Annexure VI
order shows that interim custody was given to the
respondent, petitioner in CMP 3153/2009 without
considering the question whether the gold ingots so
released to the first respondent belongs to the
first respondent or not. Before granting interim
custody to the first respondent, no notice was
given to the jewellery from whom the gold ingots
were seized.
In such circumstances, Annexure VI order is
quashed. CMP 3153/2009 is remitted to Judicial
First Class Magistrate-I, Aluva for fresh disposal
in accordance with law. Learned Magistrate shall
hear the petitioners herein and the first
respondent before final order in C.M.P.3153/2009 is
passed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
———————
JUDGMENT
SEPTEMBER,2006