IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 1002 of 2011() ------------------------- AGAINST THE ORDER IN CMP 252/2011 IN CC.858/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): COMPLAINANT: -------------------------------------------------- JOSE MATHEW, AGED 40 YEARS, S/O.MATHEW, 32/1071, KALAVATH ROAD, PALARIVATTOM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ACCUSED: ------------------------------------------- 1. GAGARIN BABU, BROTHERS VILLA, KARIMALIPARAMBIL HOUSE, PALARIVATTOM, PIN-682 032. 2. P.M.MADHU, MANAGING PARTNER, SIX/AM FUNDS & FINANCE, III D, THAIKOOTATHIL BUILDING, VAZHAKKALA, THRIKKAKARA-682 030. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1002 of 2011 ==================================== Dated this the 29th day of March, 2011 O R D E R This petition is for a direction to the learned Magistrate for early disposal of C.M.P. No.252 of 2011 in C.C. No.858 of 2010 of the court of learned Judicial First Class Magistrate-I, Aluva. It is stated that petitioner and his wife purchased 5.729 cents in Sy.No.93/9 of Edappally South Village as per sale deed dated 28.01.2009 No.224/2009 and later petitioner and his wife learned that there was an attachment over the property from C.C. No.400 of 2000 of the said court. Petitioner thereon filed C.M.P. No.252 of 2011 under Section 84(1) of the Code of Criminal Procedure making a claim over property attached. Grievance of petitioner is that though petition was filed on 14.02.2011 the same is not disposed of so far and on enquiry petitioner learned that the case bundle is not traceable. Difficulty of petitioner is that without lifting the attachment he is not able to enjoy the property as its absolute owner. I have heard learned Public Prosecutor also. 2. It is seen that C.M.P. No.252 of 2011 was filed only on 14.02.2011. Still, having regard to the grievance of petitioner it CRL.M.C. No.1002 of 2011 -: 2 :- must have an early disposal. Hence learned Judicial First Class Magistrate, Aluva is directed to take all necessary steps for early disposal of C.M.P. No.252 of 2011. Criminal Miscellaneous Case is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv