IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2870 of 2009()
1. SUNIR.C.M., S/O.MOIDU,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.2870 OF 2009
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Dated 17th September 2009
O R D E R
This petition is filed under Section 482 of
Code of Criminal Procedure to quash M.C.1/2006
initiated by learned Magistrate in C.C.1815/2000.
Petitioner admittedly obtained interim custody of
the motor cycle No.KL-7-Q-9528 under Section 451 of
Code of Criminal Procedure on executing a bond
undertaking to produce it as and when required. It is
not disputed that when the learned Magistrate
directed the petitioner to produce the said motor
cycle, it was not produced and petitioner reported
that it was sold. It is in such circumstances, learned
Magistrate initiated proceedings as M.C.1/2006.
Argument of the learned counsel appearing for
petitioner is that C.C.1815/2000 ended in acquittal
and in such circumstances, the proceedings is to be
quashed. Irrespective of the result in C.C.1815/2000,
when petitioner with open eyes executed a bond and
obtained interim custody of the motor cycle,
CRMC 2870/09
2
undertaking to produce as and when required and failed
to produce it when asked for, action of the learned
Magistrate initiating proceedings for non production
of the vehicle, cannot be quashed invoking the
inherent jurisdiction of this court. Question whether
based in view of the order of acquittal, whether
petitioner is to be shown leniency is to be decided
by the learned Magistrate.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.