Petitioners, legal heirs of a landlord, sought return of shop room keys retained by police. The court observed the room was no longer needed for evidence and ordered immediate return of keys.
Directed the police officer retaining the keys to hand over the shop room keys to the petitioners immediately upon execution of a receipt.
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 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939
Crl.MC.No. 633 of 2018
----------------------CMP 177/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA CRIME NO. 897/2017 OF ELAMAKKARA POLICE STATION , ERNAKULAM -----------
PETITIONER(S)
1 CHAND KHADEEJA, W/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
2 P.M. AZAD, S/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
3 P.M.ASIF, S/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
4 P.M.ANITHA, D/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
5 P.M.HASEENA, D/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
6 ADV. P.M.HARISS, S/O.P.K. MOHAMMED ALI, POOTHULLIL HOUSE, POWATHIL ROAD, ERNAKULAM, KANAYANNUR TALUK
PETITIONERS 1-5 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, P.M. HARISS, PETITIONER NO.6
BY ADV.SRI.MANSOOR.B.H.
Crl.MC.No. 633 of 2018 ()
RESPONDENT(S)/COMPLAINANT/ STATE & ACCUSED:
1. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER, ELAMAKKARA POLICE STATION, THROUGH DETECTIVE INSPECTOR, CBCID, ECONOMIC OFFENCE WING- II, ERNAKULAM SUB UNIT, ERNAKULAM
2. T.A. KISHORE, S/O. ATHMAJAN, PROPRIETOR,THATHWAMASI CHITS & INVESTMENTS DESHABHIMANI ROAD, ELAMAKKARA KOCHI, RESIDINNG AT THAIKKOOTTATHIL HOUSE CHERAI
R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 633 of 2018 ()
PETITIONER(S)' ANNEXURES
ANNEXURE A1 COPY OF THE CMP 177/2018 OF SUBMITTED BY THE PETITIONERS BEFORE THE FIRST CLASS MAGISTRATE COURT-II, ALUVA ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 27.1.2018 IN CMP 177/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA
RESPONDENTS ANNEXURES: NIL
K.V. P.S.TO JUDGE
B.KEMAL PASHA, J. ====================== Crl.M.C.No.633 of 2018
=======================
Dated this the 15th day of February, 2018
O R D E R
Petitioners are the legal heirs of the landlord in respect of the shop room involved in this case. The said shop room was rented out to the 2nd respondent, where, the 2nd respondent conducted Chiti Business. The 2nd respondent had allegedly collected huge amounts from the subscribers and thereafter, he misappropriated Crores of Rupees and closed down the Chiti business.
Crl.M.C.No.633 of 2018
2
that the case is being investigated by the CBCID, EOW, Ernakulam, Sub Unit and therefore, the room is required for collecting evidence. There is no reason to retain the key of the room with the 1st respondent. There is absolutely nothing to be collected from the room, which was rented out by the landlord to the 2nd respondent. The Police officer concerned, who is retaining the key, shall forthwith hand over the key of the shop room to the petitioners on their executing a ' Kychit ' for the receipt of the key.
With the said direction, this Crl.M.C. is allowed.
B.KEMAL PASHA JUDGE
DSV/15/2/18
1 issue framed by the court
Whether the petitioners are entitled to the keys of the shop room,
1 provisions across 1 enactments
Chand Khadeeja
P.M. Azad
P.M. Asif
P.M. Anitha
P.M. Haseena
State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
