Petitioner challenged the High Court order granting interim custody of a vehicle to the complainant under Section 451 Cr.P.C., alleging illegal registration. The Court found the lower court's findings on forgery and concealment credible and dismissed the petition.
Crl.M.C. No. 542 of 2016 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937
Crl.MC.No. 542 of 2016 ()
CRL.MP 11498/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA. CRIME NO. 1471/2015 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA.
PETITIONER/CLAIM PETITIONER:
ARSHAD.P.K, S/O.MOIDU, PATHAYAKKODAN HOUSE, PALLIKKAL, ELLUMANNAM PO, WAYANAD-670 645.
BY ADV. SRI.N.J.MATHEWS
RESPONDENT(S)/COMPLAINANT & STATE:
1. SHOSHAMMA SHAJI, VALIYAPARAMBIL HOUSE, PERINGARA MURI,
THIRUVALLA.
2. SUB INSPECTOR OF POLICE,
R1 BY ADVS. SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 542 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE 1 : PHOTOCOPY OF CERTIFICATE OF REGISTRATION ISSUED BY RTO, MANANTHAVADY FOR THE VEHICLE BEARING NO.KL 27 B 2047. ANNEXURE 2 : CERTIFIED COPY OF FIR NO.1471/2015 OF PULIKEEZHU POLICE STATION. ANNEXURE 3 : CERTIFIED COPY OF CRL.M.P.NO.11665/2015 ON THE FILES OF JFMC, THIRUVALLA. ANNEXURE 4 : CERTIFIED COPY OF CRL.M.P.NO.11498/2015 ON THE FILES OF JFMC, THIRUVALLA. ANNEXURE 5 : CERTIFIED COPY OF REPORT DT 8-12-15 SUBMITTED BY 2ND RESPONDENT BEFORE THE JFMC, THIRUVALLA. ANNEXURE 6 : CERTIFIED COPY OF ORDER DT 21-12-2015 PASSED BY JFMC, THIRUVALLA.
RESPONDENT(S)' ANNEXURES & EXHIBITS:
EXT. R1(A) : TRUE COPY OF THE REGISTRATION PARTICULARS ISSUED BY THE JT.R.T.O.THIRUVALLA. EXT. R1(B) : TRUE COPY OF THE SALE AGREEMENT DATED 26.10.2015. EXT. R1(C) : TRUE COPY OF THE SALE AGREEMENT DATED 27.10.2015. EXT. R1(D) : TRUE COPY OF THE SALE AGREEMENT DATED 29.10.2015. EXT. R1(E) : TRUE COPY OF THE SALE AGREEMENT DATED 30.10.2015. EXT. R1(F) : TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER’S HUSBAND.
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.542 of 2016
Dated this the 17th day of March, 2016
O R D E R
~ ~ ~ ~ ~ ~
Annexure-6 order passed by the court below
under Section 451 Cr.P.C. is under challenge. The subject matter of the case is a Maruti WagonR car bearing registration No.KL-27B-2047. The said car is the subject matter in Crime No.1471/2015 of Pulikeezhu Police Station. Through Annexure-6 order, the court below has ordered the release of the car to the interim custody of the 1st respondent, who is the de facto complainant, under Section 451 Cr.P.C. The petitioner herein is the present registered owner of the car as per records.
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places. He used to drive the car for the said purposes. While so, on 26.10.2015, the said Alan Philip took the car from the house of the aged parents of the 1st respondent, by representing that he wanted to take the sister of one of his friends to a hospital at Ernakulam. Thereafter, he had never returned the car. On enquiry, it was revealed that he had handed over the car to the petitioner and the petitioner got it registered illegally in his name, without the knowledge and consent of the original registered owner.
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particulars of the vehicle, which shows that the car was originally registered in the name of Shaji Scaria on 07.02.2011. The 1st respondent has procured certified copies of the documents produced by the petitioner herein before the court below for forwarding his claim under Section 451 Cr.P.C. over the car. Annexure-R1(b) is the copy of the sale note dated 26.10.2015 by which one Alan Cherian, son of Cherian Philip, has sold the vehicle to one Anas. Through Annexure-R1(b), the sale of the car of Shaji Scaria was allegedly made by Alan Cherian, S/o.Cherian Philip(none other than Alan Philip).
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Nazar K.T. in respect of the very same car. Annexure-R1(e) is the sale note dated 30.10.2015 in respect of the very same car executed by Nazar K.T. in favour of the present petitioner. Annexure-R1(e) is the sale note by which the petitioner claims title over the said car.
was being used by her age old parents was taken away by Alan Philip with a false representation and thereafter, he had not cared to return the car. When she came to know that the car was handed over by Alan Philip to the present petitioner, she preferred the complaint before the police. Consequently, the crime was registered for the offence under Section 420 IPC.
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purchased the car from one Nazar K.T. on 30.10.2015 only, Annexure-A1 RC book procured by the petitioner in respect of the car, shows that the car was registered in his favour with effect from 26.10.2015. Even though he has a case that he purchased the car based on Annexure-R1(e) on 30.10.2015 only, as per Annexure-1, the car was registered in his name with effect from 26.10.2015. It seems that on 26.10.2015, a sale note was cooked up by Alan Philip and one Anas, the copy of which is Annexure-R1(b). It is evident that the originals of Annexures-R1(b), R1(c) and R1(d) were cooked up in order to show that the petitioner had validly purchased the car from a third party. On 26.10.2015 itself, the car was got registered in the name of the present petitioner. No doubt, the other persons named Anas, Haris and Nazar K.T. even if in existence, are name lenders of the present petitioner. Those sale notes were cooked up to create false evidence. Presently, Alan Philip is the only
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accused in the case. At the same time, it seems that others are also part of a conspiracy and they are also liable to be proceeded against in the matter.
In the result, this Crl.M.C. is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/17/03
// True Copy //
PA to Judge
3 issues framed by the court
Whether the High Court should interfere with the order passed by the court below granting interim custody of the vehicle to the de facto complainant.
Whether the petitioner is entitled to interim custody of the vehicle alleged to be procured through illegal registration.
Whether the order passed by the court below under Section 451 Cr.P.C. suffers from any illegality, irregularity or impropriety.
2 provisions across 2 enactments
ARSHAD.P.K
SHOSHAMMA SHAJI
SUB INSPECTOR OF POLICE
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
