Dismissed

Dr.Subhash Das v. State of Kerala

Kerala HC11 Jul 2023Crl.MC/806/2013

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Case was decided on admission along with a companion petition. The court noted the petitioners were de facto complainants in cases for theft and cheating which were already taken on file and the accused convicted. The court dismissed the petitioners' applications for interim release of gold, directing them to seek such relief from the jurisdictional court where the tria

What did the court decide?

Crl.M.C.s closed; petitioners directed to approach jurisdictional court for release of articles.

Dr.Subhash Das Vs State of Kerala — Property and Title | Kerala HC (2023)

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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 V.G.ARUN

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TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
CRL.MC NO. 798 OF 2013

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AGAINST THE ORDER/JUDGMENT CRMP 4528/2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, VADAKKANCHERRY

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PETITIONER/PETITIONER

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DR. VIJAYPRAKASH DANIEL
AGED 59 YEARS
S/O DANIEL, KUNNATHUMKARA HOUSE, KUMARANELLUR
VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT

¶8

BY ADVS.

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SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER

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RESPONDENT/COMPLAINANT

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

¶12

¶13

Crl.M.C Nos.798 & 806 of 2013

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ADDL. R2 TO R5 IMPLEADED

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ADDL.R2
ANIL KUMAR @ ANI @ CARLOS,
S/O. APPU NAIR,
ARIYANGARDU HOUSE, KAVALANGADU DESOM,
MANJERI VILLAGE, MALAPPURAM

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ADDL.R3
BABU @ CHINNA BABU,
S/O. DEVAN, KODAKKUNNU HOUSE,
PULPATTA, THIRIPPANAVI VILLAGE, MANJERI,
MALAPPURAM

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ADDL.R4
ABU, S/O. UNNIYAN,
MULLICKAL HOUSE, KONDAYOOR DESOM, PALOOR
VILLAGE, THALAPPILY TALUK, THRISSUR.

¶18

ADDL.R5
JAFFAR ALI, S/O.UMMERKUTTY, PUNNUTHAZHATH
HOUSE, TB ROAD, PATTAMBI, PALAKKAD

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IS IMPLEADED AS ADDL.R2 TO R5 AS PER ORDER
DATED 11.03.2014 IN CRL.M.A NO.2282/2014 IN
CRL.M.C 798/2013

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BY PUBLIC PROSECUTOR SRI.RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.07.2023, ALONG WITH Crl.MC.806/2013, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶22

¶23

Crl.M.C Nos.798 & 806 of 2013

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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 V.G.ARUN

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TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945

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CRL.MC NO. 806 OF 2013

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AGAINST THE ORDER/JUDGMENTCRMP 4527/2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, VADAKKANCHERRY

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PETITIONER

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DR.SUBHASH DAS

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AGED 62 YEARS
S/O.DR.P.G.DAS,KATTAKKALIL HOUSE, THALAPPILLY
TALUK, ENGEKKADU VILLAGE DESOM, THRISSUR
DISTRICT.

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BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER

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RESPONDENT/S:

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

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ADDL.R2ANIL KUMAR

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@ANI@CARLOS, S/O APPU NAIR, ARIYANGADU HOUSE,
KAVALANGADU DESOM, MANJERI VILLAGE,
MALAPPURAM-676121

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Crl.M.C Nos.798 & 806 of 2013

¶39

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ADDL.R3BASHEER

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@CHEMMALA BASHEER, S/O ALI, CHEMMALA HOUSE,
KARUVARAKUNDU VILLAGE, MALAPPURAM DISTRICT –
676523

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ARE IMPLEADED AS PER ADDL.R2 AND R3 AS PER
ORDER DATED 11.03.2014 IN CRL.M.A.
NO.2283/2014 IN Crl.M.C. 806/2013

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OTHER PRESENT:

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SR.PP.RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.07.2023, ALONG WITH Crl.MC.798/2013, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶46

¶47

Crl.M.C Nos.798 & 806 of 2013

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ORDER

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Dated this the 11^th day of July, 2023

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These Crl.M.Cs are filed, aggrieved by the rejection of the

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applications filed by the petitioners seeking interim release of the gold stolen from their house.

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The petitioners are defacto complainants in Crime No.1147 of 2012 and 1008 of 2012 of Wadakkanchery Police Station. At their instance the police had registered the crimes for offences punishable under Sections 451, 380 and 461 of the Indian Penal Code.

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As per the report furnished by the Registry, after completion of investigation, the cases were taken on file as C.C Nos.1817 of 2017 and 583 of 2013 of the Judicial First Class Magistrate Court, Wadakkanchery. The accused were thereafter tried, found guilty, convicted and sentenced to imprisonment and fine. As such, the petitioners are at liberty to approach the jurisdictional court seeking release of their articles.

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The Crl.M.Cs are closed accordingly.

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Sd/-

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V.G.ARUN, JUDGE

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smm

Dr.Subhash Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Subhash Das v. State of Kerala

Case brief

What is this about?

What did the court decide?

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