The High Court dismissed a petition challenging an order where the Chief Judicial Magistrate retained title deeds with the respondent Chitty Company. The court held that the validity of mortgage and document possession was a civil issue and documents had been seized by police as part of criminal investigation, finding no reason to interfere.
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 ASHOK MENON
TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
Crl.MC.No.388 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CMP 6771/2019 DATED 15-11-2019 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR
CRIME NO.998/2019 OF Town East Police Station , Thrissur
PETITIONER/S:
ANTO C.V, AGED 52 YEARS S/O. VAREED, CHIRAYATH HOUSE, KRISHNAPURAM DESOM, OLLOORKKARA (PO), THRISUSUR DISTRICT 680 655.
BY ADVS. SRI.AKBAR.K.A SMT.M.B.SHYNI SRI.DEEPAK RAJ
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031.
2 STANCASH CHITS PVT LTD.,
REPRESENTED BY ITS CHAIRMAN AND DIRECTOR, REGISTERED OFFICE AT ST. THOMAS COLLLEGE ROAD, CHEMBOOKKAVU VILLAGE, THRISSUR DISTRICT 680 008.
R2 BY ADVS. SRI.MATHEW JOHN (K)
SRI.MATHEW DEVASSI
SRI.ABY J AUGUSTINE
OTHER PRESENT:
SMT. V.SREEJA PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.388 OF 2020(G) 2
O R D E R
Dated this the 10th day of March 2020
The petitioner is aggrieved by the impugned order of the Chief Judicial Magistrate, Thrissur at Annexure 5, where the petitioner had filed an application under Section 451 of Cr.P.C. The contention is that the title deed pertaining to the property belonging to the petitioner was obtained by the 2nd respondent herein, the Chitty Company and that they are not entitled to remain in possession of the said documents for offences under Sections 406, 420, 467 and 468 r/w Section 34 of IPC as alleged against them.
Crl.MC.No.388 OF 2020(G) 3
by the 2nd respondent are issues which would arise for consideration in the civil suit.
The court below observed that the chitty company is already made an accused and that it has also come out in evidence that the documents were seized from the office of the chitty company by the investigating officer. Therefore, it is only appropriate that the documents remains to the company till a decision is taken regarding the validity of the possession by a competent forum. I find no reason to interfere with the impugned findings of the Chief Judicial Magistrate. The Crl.M.C is therefore dismissed.
SD/-
ASHOK MENON
JUDGE
rmm
Crl.MC.No.388 OF 2020(G) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE 1 | A TRUE COPY OF THE COMMON ORDER PASSED BY THE COURT BELOW IN C.M.P. NO. 774/2019 AND C.M.P. NO. 1401/2019 DATED 30.04.2019. |
|---|---|
| ANNEXURE 2 | A TRUE COPY OF THE COMMON, JUDGMENT PASSED BY THIS HONORABLE COURT IN CRL.MC. NO. 3244/2019 AND CRL.M.C. NO. 3236/2019 DATED 19.06.2019. |
| ANNEXURE 3 | A TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF TOWN EAST POLICE STATION DAD 08.08.2019 WITH AN EFFECT THAT THE COMPANY ARRAYED AS ACCUSED NO. 5. |
| ANNEXURE 4 | A TRUE COPY OF THE CHARGE SHEET FILED BY THE POLICE IN CRIME NO. 998/2019 OF TOWN EAST POLICE STATION, THRISSUR DISTRICT WHICH IS NOW PENDING AS C.C. NO. 236/2019 BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE COURT. |
| ANNEXURE 5 | A TRUE COPY OF THE ORDER DATED 15.11.2019 PASSED BY THE COURT BELOW IN C.M.P. NO. 6771/2019. |
1 issue framed by the court
Whether the High Court should interfere with the Chief Judicial Magistrate's order retaining possession of title deeds with the Chitty Company pending a civil suit.
1 provisions across 1 enactments
Anto C.V
State of Kerala
Stancash Chits Pvt Ltd
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
