IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2572 of 2008() ------------------------- CBCID.220/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.819/07 OF THE HILL PALACE POLICE STATION, CB CID/ 220/CR/EKM/07. .................... PETITIONER: ------------ ALIYAMUNNI, THATTATHAZATH HOUSE, MOZHTHOOR P.O., THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS: ------------- 1. DETECTVE INSPECTOR, CRIME BRANCH CID, ERNAKULAM, PANAMPILLY NAGAR, KOCHI -36. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008 ALONG WITH CRMC NO.2587/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos. 2572 & 2587 of 2008 ------------------------------------------------- Dated this the 9th day of July, 2008 ORDER The common petitioner in these two Crl.M.Cs. is the 4th accused in Crime No.819/07 registered initially at the Hill Palace Police Station and in which the investigation is now being conducted by the CB CID. In the course of investigation, the Investigating Officer has seized certain documents including measurement books maintained by the P.W.D. According to the petitioner, these measurement books are being kept in the custody of the court unnecessarily and those documents are essential for the petitioner to claim amounts that are legally due from the Government to him. On the alleged circumstance that these documents are relevant for the investigation that is going on they have been seized. According to the petitioner, strictly they have no relevance at Crl.M.C. Nos. 2572 & 2587 of 2008 -: 2 :- all. At any rate, retention of those documents in court in connection with the investigation in Crime No.819/07 should not be permitted to deny and deprive the petitioner of his right to claim amounts which are legitimately due. The Investigating Officer is not taking any steps to return the measurement books to the officials of the P.W.D. Those officials also do not appear to be too keen to get the release of those documents. It is the petitioner who is interested in securing the early payment of the amounts which are undisputedly due to him. Those payments can be effected only if the measurement books are made available to the officials concerned. Therefore the petitioner prays that those measurement books may be released not to the petitioner but to the officials concerned so that the petitioner can claim the amounts legitimately due to him. 2. In Crl.M.C.No.2572/08, the petitioner has already filed an application before the learned Magistrate for release of the said document and the same is numbered as C.M.P.No.1439/08. The same was filed on 2/5/08; but the same is not being disposed of by the learned Magistrate. In these circumstances, the petitioner did not file any application for release of the other Crl.M.C. Nos. 2572 & 2587 of 2008 -: 3 :- documents in respect of which Crl.M.C.No.2587/08 is filed. He has come to this Court directly claiming that the documents may be directed to be released to the officials concerned. 3. I have heard the learned counsel for the petitioner in detail. I agree that the petitioner's grievance is legitimate. The petitioner's request for return of the measurement books to the officials concerned for which he has filed C.M.P.No.1439/08. Though no application has been filed in Crl.M.C.No.2587/08, the prayers do certainly deserve to be considered by the learned Magistrate expeditiously. At the Bar, it is submitted that the learned Magistrate expressed his opinion that he cannot direct release of the documents. But no orders have been passed in C.M.P.No.1439/08. 4. I am satisfied that the proper course to be followed by this Court is to direct expeditious disposal of C.M.P.No.1439/08 by the learned Magistrate. The learned counsel for the petitioner undertakes that he shall, on or before 10/7/08, file an application for release of the documents in respect of which Crl.M.C.No.2587/08 is filed. C.M.P.No.1439/08 and such other application, if filed, must be disposed of by the learned Crl.M.C. Nos. 2572 & 2587 of 2008 -: 4 :- Magistrate by a reasoned order as expeditiously as possible – at any rate, within a period of 10 days from the date on which a copy of this order is placed before the learned Magistrate. 5. These Crl.M.Cs. are dismissed with the above observations. 6. Hand over a copy of this order to the learned counsel for the petitioner forthwith for production before the learned Magistrate. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge