Allowed

Wilfer Raj v. the State of Kerala

Kerala HC16 Feb 2009Crl.MC/313/2009

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order by the Judicial First Class Magistrate-II, Neyyattinkara which held that properties attached under Section 83 CrPC were under Government control. The Court directed the Magistrate to reconsider the application afresh after hearing all concerned.

What did the court decide?

The order in CMP 12474/08 in LP 45/05 was set aside, and the Magistrate was directed to consider the application afresh after hearing all concerned.

Wilfer Raj Vs the State of Kerala — Property and Title | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

¶4

MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930

¶5

Crl.MC.No. 313 of 2009(B)

¶6

-----------------------------------CMP.NO.12474/2008 IN LP.45/2005 FROM CP.3/2005/2007OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA.

¶7

PETITIONER:

¶8

-------------------

¶9

WILFER RAJ, AGED 26, S/O.DEVADASAN, MYLADY VEEDU, MYLADY, KULATHOOR DESOM, KULATHOOR VILLAGE.

¶10

BY ADVS. MR.SASTHAMANGALAM S. AJITHKUMAR MR. MADAVILAKOM G.VENUGOPAL.

¶11

RESPONDENTS:

¶12

------------------------

¶13

1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶14

2. VIJAYAN, S/O.GABRIYEL, V.R.BHAVAN, KUTTAN THURANNAVILA, KULATHOOR DESOM, KULATHOOR VILLAGE.

¶15

*ADDL.R3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE, THIRUVANANTHAPURAM.

¶16

*IS IMPLEADED AS ADDITIONAL THIRD RESPONDENT AS PER ORDER DATED 30/01/09 IN CRL.M.A. NO. 626/09 IN CRL.M.C. 313/09.

¶17

BY PUBLIC PROSECUTOR MR. P.A. SALIM.

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

prv.

¶20

M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 313 OF 2009 = = = = = = = = = = = = = = = Dated this the 16^th day of February, 2009.

¶21

O R D E R

¶22

This petition is filed to set aside the order of the Judicial First

¶23

Class Magistrate-II, Neyyattinkara and issue appropriate directions to the State Government to dispose of the properties of the first accused which had been attached as per Section 83 of the Code of Criminal Procedure. The learned Magistrate has held that the property is under the absolute control of the Government and therefore it is for the Government to deal with the property and not the Court. I am afraid such a finding may not be correct for the reason that it is in the light of the Court's order an attachment is effected and that attachment will bring the property into the custody of the Court. Therefore some orders may be necessary to be passed by the Magistrate for further proceedings. What is the normal procedure adopted etc. can be considered by the Court and therefore I set aside the order passed in CMP 12474/08 in LP 45/05

¶24

CRL.M.C. 313 OF 2009

¶25

-:2:-

¶26

and direct the learned Judicial First Class Magistrate-II,

¶27

Neyyattinkara to consider afresh that application after hearing all concerned and pass appropriate orders.

¶28

The CRL.M.C. is disposed of accordingly.

¶29

M.N. KRISHNAN, JUDGE.

¶30

ul/-

Wilfer Raj v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Wilfer Raj v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Cletus & Another Vs State of Kerala

Nagarajan Vs State of Kerala

Dominic Vs State of Kerala

Biju Vs State

Shajahan Vs State

Augustine Mathew Vs State of Kerala