IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1380 of 2009()
1. M.JOY, PROPRIETOR, KEERTHI CAR MARKETING
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.LIJU. M.P
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/04/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. M.C. NO.1380 OF 2009
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Dated this the 21st day of April, 2009
O R D E R
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Heard learned counsel for petitioner and the learned Public
Prosecutor who took notice for the respondent. Notice to the
registered owner is dispensed with since the impugned order was
passed without issuing notice to him.
2. Petitioner as financier of the vehicle claimed its interim
custody under Section 451 of the Corde of Criminal Procedure.
Impugned order shows that the learned Magistrate had ordered notice
to the registered owner on that application but even before the notice
was returned petitioner got the application advanced and pressed for
hearing of the application. Learned Magistrate observed that he was
constrained to pass an order in the circumstance, that the petitioner
has not even produced the authenticated copy of the Power of
Attorney and dismissed the application.
3. Whatever may be the claim made by the petitioner, behind
the back of the registered owner he cannot get an order for release of
the vehicle. Therefore, learned Magistrate is justified in refusing to
pass order in favour of the petitioner. Learned counsel for the
petitioner submitted that the matter may be remitted to the court
CRL. M.C. No.1380 of 2009
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below so that notice of the application could be given to the
registered owner. He also submits that petitioner is prepared to
produce the original or properly authenticated copy of the Power of
Attorney in the court below.
4. Since learned Magistrate has not adjudicated upon the
claim of petitioner on merits, I am inclined to accept the request
though the petitioner himself has invited the impugned order.
Resultantly, this petition is allowed. The impugned order is set
aside and the case is remanded to the court below. Learned
Magistrate is directed to dispose of C.M.P. No.1000 of 2009 afresh
after issuing notice to the registered owner. Petitioner shall produce in
the court below the original or properly authenticated copy of the
Power of Attorney he is relying upon.
THOMAS P.JOSEPH, JUDGE.
vsv
CRL. M.C. No.1380 of 2009
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THOMAS P.JOSEPH, J.
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S.A. NO. OF 2001
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J U D G M E N T
APRIL, 2009