The High Court of Kerala dismissed criminal miscellaneous files challenging the order of the learned Judicial Magistrate who rejected the petitioner's application for appointing an Advocate Commissioner to identify seized gold ornaments mixed with other items.
Application for appointment of Advocate Commissioner to identify seized ornaments dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933
Crl.MC.No. 4226 of 2005()
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CMP.2922/2005 IN CRIME NO.663/2005 OF JUDICIAL MAGISTATE OF FIRST CLASS, CHANGANACHERRY
PETITIONER
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PRATHIPAL.M.P, PULIMOOTTIL HOUSE, KIZHAKKENADA, CHANGANNOOR.
BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE
RESPONDENT/CR.PETITIONER AND PETITIONER
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.MANU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, ALONG WITH CRL.MC. NO.4227/2005 & CRL.MC. NO.4228/2005 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
THOMAS P JOSEPH, J.
Crl.M.C.Nos.4226, 4227 and 4228 of 2005
Dated this 09th day of June, 2011
ORDER
These criminal miscellaneous cases filed under Sec.482 of the Code of Criminal Procedure are in challenge of orders passed by learned Judicial First Class Magistrate, Changanassery on C.M.P.No.2922 of 2005 (in Crime No.663 of 2005 of Changanassery Police Station), C.M.P.No.2924 of 2005 (in Crime No.664 of 2005 of Changanassery Police Station) and C.M.P.No.2918 of 2005 (in Crime No.467 of 2004 of Chingavanam Police Station). Petitioner is an accused in the cases referred above involving theft of ornaments. According to the petitioner, the Circle Inspector, Changanassery forcibly collected gold ornaments from his jewelery shop. Petitioner filed the above said C.M.Ps before learned Magistrate to appoint an Advocate Commissioner to identify the ornaments (allegedly seized from him by the Circle Inspector) contending that the same have been mixed up with other ornaments involved in the case and hence for identification of the ornaments seized from the petitioner such a course is necessary. Learned Magistrate dismissed the petitions observing that the question of identity of
Crl.M.C.Nos.4226, 4227 and 4228 of 2005
-: 2 :-
the ornaments would arise only at the stage of evidence. Those orders are under challenge.
Crl.M.C.Nos.4226, 4227 and 4228 of 2005
-: 3 :-
These criminal miscellaneous cases are dismissed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
2 issues framed by the court
Whether the High Court should interfere with the learned Magistrate's order dismissing the petitioner's request to appoint an Advocate Commissioner for identification of seized ornaments.
Whether the question of identification of seized ornaments arises at the preliminary stage or only at the stage of evidence/trial.
1 provisions across 1 enactments
Prathipal M.P
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
