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Jayan vs The Sub Inspector Of Police on 14 September, 2007

Kerala High Court
Jayan vs The Sub Inspector Of Police on 14 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 7079 of 2002()


1. JAYAN, S/O. SIVARAMAN,
                      ...  Petitioner
2. MANOJ, S/O. SIVARAMAN,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :14/09/2007

 O R D E R
                        K.R.UDAYABHANU, J
                   ---------------------------------------------
                      Crl.M.C.No.7079 of 2002
                   ---------------------------------------------
                 Dated this the 14th day of September, 2007



                                 O R D E R

The petitioners are the accused 1 and 4 in C.C.No.353/2000

in the court of Judicial First Class Magistrate, Kanjirappally with

respect to the offences under Sections 406, 420 and 465 read

with Section 34 of IPC. The allegation is related to the

transaction of a 1991 model Tata 407 lorry. According to the

complainant, the vehicle was agreed to be purchased by one

Mohan Das undertaking that the hire amount due to the finance

company shall be paid. But he did not remit the hire purchase

amount and sold it to another person. It is contended that the

defacto complainant has ceased to be the owner of the vehicle

long before. On a consideration of the documents produced, I

find that this is not a fit case to invoke Section 482 of Crl.P.C. as

determination of disputed facts are required. All the same, the

petitioners may raise the above contentions before the court

below and file a discharge application which shall be considered

by the court below and dispose of the case on merits. The

Crl.M.C.7079/2002 Page numbers

counsel for the petitioners has sought for direction to the court

below granting exemption from personal appearance. He

submitted that the petitioners are residing at Kozhikode and that

they will be put to difficulties to travel to Kanjirappally every

time the case is posted. The petitioner may apply before the

court below mentioning the reasons for the exemption and the

court below shall consider the same.

The Crl.M.C. is disposed of accordingly.

K.R.UDAYABHANU,
JUDGE

csl

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