High Court Kerala High Court

Anilkumar vs The State Of Kerala on 9 July, 2010

Kerala High Court
Anilkumar vs The State Of Kerala on 9 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2595 of 2010()


1. ANILKUMAR, AGED 35,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. MONIKUTTAN, AGED 30,

3. VASANTHAKUMARI, W/O.KUTTAN, DO. DO.

4. SUDHARSANAN, AGED 53 YEARS,

                For Petitioner  :SRI.SHAJIN S.HAMEED

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/07/2010

 O R D E R
                               V. RAMKUMAR, J.
                         = = = = = = = = = = = = =
                          Crl.M.C..No.2595 of 2010
                        = = = = = = = = = = = = = =
                              Dated : 09.07.2010

                                     ORDER

Petitioner, who is neither the complainant nor the accused

challenges Annexure VIII common order dated 21.06.2010 in

C.M.P.Nos.1506/2010 & 1569/2010 as per which the J.F.C.M-II.

Thiruvananthapuram dismissed his application under Section

451 Cr.P.C. for interim custody of the property (wooden

handicrafts of elephant) involved in the case. According to the

petitioner, he has better claim over the property. Since the

petitioner is not a party to the pending proceedings, the order

passed against him is to be treated as a final order, which is

revisable, (See Aliyarkunju v. Subair Khan (1984 KLT 268). I

am, therefore, not inclined to entertain this petition under

Section 482 Cr.P.C.

The learned counsel for the petitioner made an oral request

to convert this petition into a revision. The said request is

accepted. Registry shall convert this Crl.M.C into Criminal

Revision and post the same before the appropriate court hearing

revisions as per the roster.

Dated this the 9th day of July, 2010.

V. RAMKUMAR, JUDGE

sj