IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3777 of 2006()
1. SREERAG FINANCE, REPRESENTED BY PRINCE
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. JULLY.V.S., VETTUKALLAMKUZHIYIL,
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.S.SACHITHANANDA PAI
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3777 of 2006
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Dated this the 8th day of January 2007
O R D E R
The petitioner claims to be a financier in respect of a
vehicle. The second respondent herein is admittedly the
registered owner of the vehicle. The second respondent
complained to the police that a theft had taken place of the said
vehicle. The police, in the course of the investigation, seized the
vehicle. The second respondent applied for release of the
vehicle under Section 451 Cr.P.C. His was the earlier
application for release. Subsequently, the petitioner herein filed
an application under Section 451 Cr.P.C for release of the
vehicle to him. To a pointed query of this court, it is conceded
that the petitioner has no case that the vehicle was seized from
his possession by the police. However, he claims right to re-
possess the vehicle in as much as there has been default in
payment of instalment by the second respondent. Both petitions
were simultaneously pending before the learned Magistrate.
The learned Magistrate, without taking note of the pendency of
the application filed by the petitioner, took up the petition filed
by the second respondent for consideration and by Annexure A
Crl.M.C.No.3777/06 2
order directed the release of the vehicle to the second
respondent herein.
2. Later, it was brought to the notice of the learned
Magistrate that the petition filed by the petitioner herein
remains without disposal. When that petition came up for
hearing, the learned Magistrate proceeded to pass Annexure B
order. In as much as Annexure A order could not be reviewed by
the learned Magistrate, sitting as a criminal court, the learned
Magistrate proceeded to pass Annexure B order dismissing the
petition filed by the petitioner.
3. The short grievance of the petitioner is that for an
error committed by the court, he may not be forced to endure
prejudice. Both petitions must have been disposed of together as
the identical relief – release of the vehicle to the respective
claimants under Section 451 Cr.P.C, was prayed.
4. I do not intend to express any opinion on merits but I
am satisfied that the grievance of the petitioner is justified. Both
petitions must have been disposed of together and
simultaneously by the learned Magistrate.
5. What then is the best course that the court can now
follow?
6. I am satisfied that both Annexure A and B orders can
Crl.M.C.No.3777/06 3
be set aside and the learned Magistrate can be directed to
dispose of both petitions together after giving the rival
contestants opportunity to raise and substantiate their
contentions and disprove the contentions of the adversary. Such
direction shall satisfy the ends of justice eminently.
7. The vehicle is now with the second respondent. The
second respondent can be permitted to keep the vehicle in his
possession subject to fresh orders that will be passed by the
learned Magistrate as indicated above. To that extent, Annexure
A order though set aside as a final order shall be reckoned as an
order regarding temporary release of the vehicle, till both
petitions are disposed of afresh.
8. In the result, this Criminal Miscellaneous Case is
allowed in part to the extent indicated above.
9. Both parties shall appear before the learned
Magistrate on 22/01/2007 for fresh disposal of the petitions.
Needless to say, this order shall not in any way fetter the rights
of both contestants to advance their respective contentions
before the learned Magistrate.
Hand over copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate.
Crl.M.C.No.3777/06 4
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3777/06 5
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006