In a criminal miscellaneous case, the court dismissed a petition filed by a complainant seeking to expand the party array to include a deleted accused. The court held that since the deletion was not challenged and the accused was a bona fide purchaser, no relief was due, and the trial court must decide the merits.
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 A.HARIPRASAD
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939
Crl.MC.No. 7626 of 2017
AGAINST THE ORDER DATED 26-09-2017 IN CRL.MP NO.1774/2017 IN CRIME NO.1100/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY. CRIME NO. 1100/2017 OF MATTANCHERRY POLICE STATION, ERNAKULAM.
PETITIONER/PETITIONER/DE-FACTO COMPLAINANT
ABDUL RAZAK
AGED 32 YEARS, S/O RAZAK NAZAR, PUTHIYAVEETTIL ABDUL, PERMANENTLY RESIDING AT
XXX VIL 2098, PONOTH ROAD, KALOOR, KOCHI-682017.
BY ADV.SRI.C.S.MANU
RESPONDENTS/RESPONDENTS/ACCUSED & THE COMPLAINANT
AGED ABOUT 40 YEARS, (FATHER'S NAME OF THE ACCUSED NOT KNOWN TO THE COMPLAINANT) 1/39 1ST BLOCK,
SOUTH STAR APARTMENT, OPP. KSRTC, ERNAKULAM COLLEGE PO, ERNAKULAM DISTRICT, PIN-682035.
AGED ABOUT 40 YEARS, (FATHER'S NAME OF THE ACCUSED NOT KNOWN TO THE COMPLAINANT) HOUSE NO.6/1518 B, KUTTIKKATTU HOUSE, MATTANCHERRY P.O., KOCHI-673638.
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
R3 BY PUBLIC PROSECUTOR MS.REHNA N.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7626 of 2017 ()
APPENDIX
| PETITIONER(S) | ' EXHIBITS | |
|---|---|---|
| ANNEXURE A1 |
TRUE COPY OF THE THE MATTANCHERRY CITY. |
FIR IN CRIME NO.1100 OF 2017 OF POLICE STATION, ERNAKULAM |
| ANNEXURE A2 |
TRUE COPY OF THE PETITIONER BE MATTANCHERRY. |
PRIVATE COMPLAINT FILED BY THE FORE THE JFCM'S COURT, |
| ANNEXURE A3 |
TRUE COPY OF THE NO.1886 OF 2017 MATTANCHERRY. |
ORDER DATED 26.9.2017 IN CRL.M.P ON THE FILE OF THE JFCM'S COURT, |
| ANNEXURE A4 |
TRUE COPY OF THE NO.1774 OF 2017 MATTANCHERRY. |
RODER DATED 26.9.2017 IN CRL.M.P ON THE FILES OF THE JFCM'S COURT, |
| ANNEXURE A5 |
TRUE COPY OF THE NO.6641/2017 PAS |
ORDER DATED 19.10.2017 IN CRL.M.C SED BY THIS HON'BLE COURT. |
| RESPONDENTS' | EXHIBITS: | NIL |
//TRUE COPY//
A.HARIPRASAD, J.
Crl.M.C. No.7626 of 2017
Dated this the 7th day of February, 2018
ORDER
Heard the learned counsel.
Mattancherry Police Station is the petitioner. It is submitted that after investigation, a final report has been filed and the matter is now pending before the Judicial First Class Magistrate Court-V, Mattancherry. Grievance of the petitioner is that a Toyota Innova car bearing No.KL-46-222 belongs to him. On the pretext of purchasing the vehicle, 1st accused got possession of the vehicle after paying 1,48,000/- towards the actual price of 5,00,000/-. 1st accused also obtained the papers relating to the vehicle and without paying the balance sale consideration, it was sold to the petitioner in Crl.M.C.No.6641 of 2017, who had been arrayed as 2nd accused in the complaint. According to the complainant (petitioner), the vehicle was fraudulently transferred by the 1st accused to the original 2nd accused. However, name of the 2nd accused was deleted after the investigation. It is admitted that no challenge has been made by the complainant against the deletion of 2nd accused from the party array.
Crl.MC No.7626 of 2017 2
array, has approached this Court with Crl.M.C.No.6641 of 2017 under Section 451 of the Code of Criminal Procedure, 1973, seeking release of the above vehicle in interim custody. After hearing the learned counsel and learned Public Prosecutor, this Court allowed the prayer as per order dated 19.10.2017.
3
Crl.MC No.7626 of 2017
petitioner. All the questions regarding forgery and other offences alleged in the complaint shall be determined by the trial court untrammelled by any of the observations in this order. It is further made clear that none of the observations in this order will affect the rights, if any, of the complainant to take up appropriate challenge.
Crl.M.C. is dismissed.
A. HARIPRASAD, JUDGE.
cks
3 issues framed by the court
Whether a petition under Section 451 Cr.P.C. to expand the party array by including the original second accused to recover a vehicle should be allowed when the accused is a bona fide purchaser and the
Whether reliefs claimed in a petition regarding a transaction involving a vehicle under investigation warrant interference.
Whether observations in a criminal proceeding affect the complainant's right to challenge deletion of an accused in the trial.
1 provisions across 1 enactments
Abdul Razak
Nazer K.M.
Mohammed Ali
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
