IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 5048 of 2008()
1. MUHAMMED ALI, AGED 32 YEARS,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. ROONWAL FINANCE LTD, ROONWAL MANSION,
3. RAJENDRA PRASAD, S/O.SREENIVASAN,
4. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.O.D.SIVADAS
For Respondent :SRI.K.V.SABU
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/07/2009
O R D E R
M.Sasidharan Nambiar, J.
————————–
Crl.M.C.Nos.5048 & 5049 of 2008
————————–
COMMON ORDER
Petitioners are respectively the petitioners in
C.M.P.Nos.2559/2007 and 2558/2007 in Crime No.
330/2005 of North Paravur Police Station. These
petitions are filed under Section 482 of Code of
Criminal Procedure to quash Annexure-A2 order
passed by the learned Magistrate granting custody
of the vehicles in favour of the second respondent,
petitioner in C.M.P.No.2093/2007. Petitions filed
by the petitioners were dismissed.
2. These petitions were filed on 29.12.2008.
Though an order of stay of releasing the vehicles,
if not already released, was passed on 1.1.2009,
Judicial First Class Magistrate, North Paravur
reported that pursuant to the order dated 9.7.2008,
kachits were executed and vehicles were released to
the second respondent on 19.8.2008 itself.
CRMC 5048&5049/08 2
3. Learned counsel appearing for the second
respondent submitted that subsequently, after
completing the investigation, a final report was
also submitted by the police and as per the final
report, petitioners herein are Accused Nos.4 and 5.
As vehicles were already released to the second
respondent before the petitioners filed these
petitions, both the petitions are dismissed as
infructuous.
14th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv