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
