IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3929 of 2010()
1. JACKSON NETTO, S/O.GEORGE NETTO,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.S.SASIDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :19/10/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.3929 of 2010
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Dated this the 19th October, 2010
O R D E R
Petition is filed under Section 482 of Code of Criminal
Procedure for a direction to the respondent to consider
Annexure-A2 petition filed by the petitioner before the City
Police Commissioner, Ernakulam. Learned counsel
appearing for the petitioner submitted that the building
which was in the possession of the petitioner was taken
possession by the Police for the purpose of investigation of
Crime No.1178/2008 of Fort Kochi Police Station
registered for the offence under Section 302 read with
Section 34 of Indian Penal Code and as there was no
necessity to continue the possession the building as well as
the articles kept therein are to be handed over to the
petitioner and as no order is passed, a direction is to be
issued to consider Annexure A2.
2. Annexure-A2 itself contains an order passed by
the City Police Commissioner to the Circle Inspector of
Police to the effect that if the investigation is completed
the room can be handed over.
Crl.M.C No.3929 of 2010
2
3. Learned Public Prosecutor, on instructions,
submitted that the petitioner has no right in the building
and he was a trespasser and the building belongs to one
Andrews whose whereabouts are not known and in such
circumstances, Police is not in a position to hand over the
room. It is also submitted that after two days, Police had
relinquished possession of the room and therefore
possession cannot be handed over to the petitioner.
Granting liberty to the petitioner to approach the Civil
Court and establish his right, petition is dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
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