Criminal Misc. Case允许release附件 property after accused appears on bail while dismissing quashment of criminal proceedings due to initial delay caused by absconding. Petition allowed in part.
Property attached in CC No. 248 of 1994 released from attachment; criminal proceedings not quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940
Crl.MC.No. 1610 of 2018
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CC 291/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1,ERNAKULAM CRIME NO. 47/1992 OF ERNAKULAM NORTH POLICE STATION , ERNAKULAM
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PETITIONER/ACCUSED
T.A.MOHAMMED, AGED 60 YEARS,S/O.ABDULKHADER, THAZHETHAKUDIYIL HOUSE,PERUMATTOM KARA, VELLURKUNNAM VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM.
BY ADVS.SRI.SIRAJ KAROLY
SRI.C.K.PREM RAJ
RESPONDENT(S)/STATE/COMPLAINANT:
1. STATE OF KERALA,
2. M.R.NAIR, S/O.RAMANKUTTY NAIR,DHANYA, H.NO.29/1335, VYTTILA, ERNAKULAM, KOCHI-682019.
R1 BY SENIOR PUBLIC PROSECUTOR SRI C.S.HRITHWICK
THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION ON 05-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.V.
Crl.MC.No. 1610 of 2018 ()
PETITIONER(S)' ANNEXURES
| ANNEXURE |
1 TRUE COPY OF THE COMPLAINT PRECIPITATED IN THE CHARGE SHEET DATED 21.02.1992. |
|---|---|
| ANNEXURE |
2 TRUE COPY OF THE FIR REGISTERED BY THE POLICE DATED 25.5.1991. |
| ANNEXURE |
3 CERTIFIED COPY OF THE CHARGE SHEET DATED 21.2.1992. |
| ANNEXURE |
4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE COURT TO CLOSE THE CASE. |
| ANNEXURE |
5 TRUE COPY OF THE STATEMENT OBTAINED FROM THE ORDER SHEET SHOWING THE DATE OF POSTING. |
| ANNEXURE |
6 TRUE COPY OF THE APPLICATION DATED 15.12.2017 SUBMITTED BEFORE THE VILLAGE OFFICER, VELLOORKUNNAM, MUVATTUPUZHA. |
| ANNEXURE | 7 TRUE COPY OF THE TAX RECEIPT DATED 31.7.17. |
| RESPONDEN --------- |
TS ANNEXURES: NIL ------------ |
/TRUE COPY/ K.V. P.S.TO JUDGE 6.06.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1610 of 2018
-------------------------------------------------Dated this the 5th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
and produced before the magistrate. His case was refiled as CC No. 291 of 2009 on the file of Judicial First Class Magistrate-I, Ernakulam. He filed Annexure 6 application before the Village Officer to issue a Possession-cum-Encumbrance Certificate. That was rejected by the Village Officer. The petitioner also filed
..2..
Crl.M.C. No. 1610 of 2018
Annexure 4 petition before the learned magistrate to close the proceedings as there was inordinate delay in completing the trial. No order has been passed on it so far. The case has now been transferred to the file of the Additional Chief Judicial Magistrate, Ernakulam. The prayer in this Crl.M.C. is to quash the proceedings and to release the property from attachment.
..3..
Crl.M.C. No. 1610 of 2018
circumstances, it is only proper that the property is released from attachment.
In the result, this Crl.M.C. is allowed in part. The property of the petitioner attached in CC No. 248 of 1994 on the file of the Judicial First Class Magistrate Court-I, Ernakulam is released from attachment.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/05.06.2018
3 issues framed by the court
Whether criminal proceedings initiated under Sections 406, 420 and 468 of IPC should be quashed on grounds of inordinate delay and absconding.
Whether attachment of property of the petitioner who was absconding should be released upon his arrest and bail.
Whether Section 482 Cr.P.C. applies to release attached property when initial delay was due to absence of accused.
Colour shows how this judgement treated each authority
Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel & OthersRelied on¶36
(2008) 4 SCC 649 · Who else cites this
1 provisions across 1 enactments
T.A. Mohammed
State of Kerala
K. Abraham Matthew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. Abraham Matthew
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