IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2864 of 2008()
1. V.SANU,S/O.VIVEKANANDAN,AGED 52,
... Petitioner
Vs
1. STATE OF KERALA REP.BY P.P O/O.
... Respondent
2. CENTRAL BUREAU OF INVESTIGATION REP.BY
For Petitioner :SRI.P.JACOB VARGHESE (SR.)
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/10/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 2864 OF 2008
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Dated this the 29th day of October, 2008
O R D E R
This petition is filed under section 397 and 401 of Code
of Criminal Procedure challenging the order passed by Special
Judge (SPE/CBI)-I, Ernakulam dismissing the application filed
under section 457 of Cr.P.C. for interim custody of the currency
notes, DVD player, Sub Woofer, Central Speaker, front speakers,
Digital Video Camera and passport seized by the investigating
agency while investigating the case under Prevention of
Corruption Act. Case of the petitioner is that Special Judge was
not justified in dismissing the application for the reason that
petition is filed under section 457 of Cr.P.C. as the application
should have been filed under section 451 of Cr.P.C. on the
ground that articles were not produced before the Court when
they were not produced as material objects necessary for the
purpose of trial.
2. The learned senior counsel submitted that
subsequently as represented by the counsel appearing for
second respondent on 16.10.2008, an additional list of material
CRRP 2864/08 2
objects were submitted before the special Court stating that they
were omitted to be mentioned in the final report filed under
section 173 of Cr.P.C. and in view of the said statement,
petitioner may be permitted to move an application under
section 451 of Cr.P.C. and Special Judge may be directed to
dispose the application, if filed, without delay.
In view of the submission the revision is dismissed.
Petitioner is permitted to file an application under section 451 of
Code of Criminal Procedure before the special Court. If such an
application is filed, Special Judge, Ernakulam is directed to
dispose the same without any delay.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-