Allowed

Dulcine Jochim Fonseca v. State of Kerala

Kerala HC9 Jul 2018Crl.MC/3674/2018

Case brief

AI extract

What is this about?

The court allowed a criminal misc. appeal to restore an interim custody order for a vehicle alleged to be stolen. The court relied on the SHO's report that the seized vehicle's registration was forged and its numbers altered, invalidating the revisional court's order that had set aside the lower court's custody grant.

What did the court decide?

Crl.M.C. No. 3674/2018 was allowed, setting aside the impugned Crl.R.P. No. 5/2016 and restoring the order granting interim custody.

Dulcine Jochim Fonseca Vs State of Kerala — Property and Title | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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Crl.MC.No. 3674 of 2018

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AGAINST CRL.RP 5/2016 ARISING OUT OF CRL.MP 5336/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MANANTHAVADY

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CRIME NO. 357/2015 OF MANANTHAVADY POLICE STATION , WAYANAD

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PETITIONER(S)

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DULCINE JOCHIM FONSECA, AGED 39 YEARS, W/O. JOCHIM FONSECA, MOUNT MARY COMPOUND, MACHHINA VILLAGE, BELTHANGADY DAKSHIN KARNATAKA, REPRESENTED BY THROUGH HER POWER OF ATTORNEY HOLDER LANCY D SOUZA,

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S/O. PETER D SOUZA, MOUNT MARY COMPOUND, MACHHINA VILLAGE, BELTHANGADY DAKSHIN KARNATAKA.

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BY ADV.SRI.VINOY VARGHESE KALLUMOOTTILL

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RESPONDENT(S)/STATE :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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2. SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, WAYANAD-670645.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.V.SREEJA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3674 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NO. KA 21B 1341 ALONG WITH GOODS CARRIAGE PERMIT ISSUED FOR THE PERIOD 9.9.2014 TO 8.9.2019. ANNEXURE A2 TRUE COPY OF THE REPORT SUBMITTED BY SUB INSPECTOR OF POLICE MANANTHAVADY BEFORE THE JFMC II MANANTHAVADY. ANNEXURE A3 TRUE COPY OF THE ORDER IN BAIL APPLICATION NO.2885/2015 CONNECTED CASE DATED 11.6.2015. ANNEXURE A4 TRUE COPY OF THE ORDER IN CRL.MP NO.5336/2016 DATED 25.4.2016. ANNEXURE A5 TRUE COPY OF THE ORDER CRL RP NO.5/2016 OF SESSION JUDGE KALPETTA, WAYANAD.

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RESPONDENT(S)' EXHIBITS

NIL

R.AV

//TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J

Crl.M.C.No.3674 of 2018

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Dated this the 9^th day of July, 2018

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O R D E R

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The petitioner herein claims to be RC owner of the vehicle bearing Registration No.KA-21B-1341. It was allegedly stolen by the accused in Crime No.357/2015 of Mananthavady Police Station, while the vehicle was in the custody of the power of attorney holder of the petitioner herein, who was abroad at that time. Later, a vehicle was seized by the police which exhibited a Registration No.KA-19D1955. It was found that the chasis number as well as the engine number of the vehicle were changed . There is a further case for the prosecution that with the registration number and other particulars of vehicle No.KA-21B-1341, another stolen vehicle was plied for transporting sand illicitly.

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The petitioner herein along with the particulars of the vehicle sought for interim custody by filing application under section 451 Cr.P.C. This

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Crl.M.C.No.3674 of 2018

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was allowed by Annexure-A4 order of the court below. It was challenged by the State by filing Crl.R.P.No.5/2016 before the Sessions Court, Kalpetta. The learned Sessions Judge by AnnexureA5 order, set aside the order of the judicial Magistrate and allowed the revision. Aggrieved by the above order, the petitioner herein has approached this court.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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A detailed report was filed by the SHO of Mananthavady Police Station disclosing that the vehicle, which was seized by the police as KA-19D1955 was in fact the vehicle No.KA-21B-1341 and its original chasis number and engine number were chipped off and new numbers assigned. The RC particulars of the vehicle have disclosed the correct chasis number and engine number. On verification, the SHO has reported that the vehicle that was seized bearing Registration No.KA-19D-1955 was in fact vehicle No.KA-21B-1341 and the accused had forged

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Crl.M.C.No.3674 of 2018

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RC particulars of KA-19D-1955 and fixed another number plate and also added new chasis number and engine number.

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In the light of the specific assertion of the SHO, the order of the learned Magistrate has necessarily to be revived. The order passed by the revisional court cannot legally survive in the above circumstance.

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Accordingly, Crl.M.C is allowed, setting aside the impugned order in Crl.R.P.NO.5/2016 and restoring Annexure-A4 order. The vehicle shall be released to the petitioner herein on complying with the conditions therein and also being satisfied that the petitioner herein is the RC owner of the above vehicle.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Dulcine Jochim Fonseca v. State of Kerala

Case brief

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Dulcine Jochim Fonseca v. State of Kerala

Case brief

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