Single judge order closing a Criminal Miscellaneous case as infructuous after ten years pending, holding no purpose served in continuing the case regarding challenge against interim custody order.
Case closed as infructuous without interim order.
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 V.G.ARUN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
CRL.MC NO. 2654 OF 2013
AGAINST THE ORDER/JUDGMENT CMP 4264/2012 OF JUDICIAL MAGISTRATE
OF FIRST CLASS (MUNSIFF MAGISTRATE COURT) ADIMALI
PETITIONER/2nd RESPONDENT
CHANDRAN
S/O.KARUNAKARAN, CHAKKIKKUNNEL VEEDU, MUTHIRAMPUZHA
KARA, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK.
BY ADV SMT.C.S.SHEEJA
RESPONDENTS/RESPONDENT/PETIIONER
1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE VELLATHOOVAL2BIJU
S/O.NARAYANAN, MANALEL VEEDU, KONNATHADI VILLAGE,
UDUMBANCHOLA TALUK.
OTHER PRESENT:
SR.PP.RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C No.2654 of 2013
ORDER
Dated this the 22nd day of June, 2023
The challenge in this Crl.M.C. is against an order passed under Section 451 of Cr.P.C., by which interim custody of the tipper lorry seized in connection with Crime No.604 of 2012 of Vellathooval Police Station was granted to the 2nd respondent. The Crl.M.C. has been pending before this Court without interim order for ten years. As such, no purpose will be served by continuing the case on the files of this Court.
The Crl.M.C. is hence closed as infructuous.
Sd/-
smm
V.G.ARUN, JUDGE
Crl.M.C No.2654 of 2013
3
APPENDIX OF CRL.MC 2654/2013
PETITIONER ANNEXURES
ANNEXURE A. COPY OF THE AGREEMENT
DATED 1.7.2009.
ANNEXURE B. COPY OF THE RECEIPT ISSUED
BY THE S.I ADIMALY POLICE STATION
GIVING POSSESSION OF THE VEHICLE TO
THE PETITIONER.
ANNEXURE C. COPY OF THE COMPLAINT CMP
3993/12 FILED BY THE PETITIONER BEFORE
THE MAGISTRATE COURT ADIMALY.
ANNEXURE D. COPY OF THE FIR IN
CR.NO.604/12 OF VELLATHOOVAL POLICE
STATION.
ANNEXURE E. COPY OF THE OS 123/12 OF
THE SUB COURT THODUPUZHA
ANNEXURE F. COPY OF THE IA NO.1034/12
IN OS 123/12 OF THE SUB COURT
THODUPUZHA.
ANNEXURE G. COPY OF THE ORDER DATED
7.11.12 IN IA 1034/12 IN OS 123/12 OF
THE SUB COURT, THODUPUZHA.
ANNEXURE H.COPY OF THE ORDER DATED
19.01.2013 IN CMP 4264/12 IN CRIME NO.
604/12 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COUERT, ADIMALY.
CHANDRAN
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
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