IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 3543 of 2011() ------------------------- CRMP.2837/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S)/PETITIONER IN CRL.M.P.No.2853/2011 :- ------------------------------------------------------------------------------ DAKSHINA BHARAT HINDI PRACHAR SABHA (KERALA), ERNAKULAM, REPRESENTED BY ITS SECRETARY SRI.N.VIJAYAKUMARAN NAIR. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.SUJEESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM RESPONDENT(S)/ PETITIONER IN CRL.M.P.No.2837/2011 & STATE :- -------------------------------------------------------------------------------------------------- 1. V.P. PARAMESWARAN, S/O.KESAVAN NAIR, MANAGING TRUSTEE, DAKSHINA BHARAT HINDI PRACHAR SABHA (KERALA), ERNAKULAM, RESIDING AT REVATHY, SAHAKARANA ROAD, PONNURUNNI P.O., KOCHI-682019. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV.SRI.PAUL KURIAKOSE FOR R1 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3543 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANNEXURE-A THE TRUE COPY OF THE CONSTITUTIOIN OF THE DAKSHINA BHARAT HINDI PRACHAR SABHA MADRAS ALONG WITH THE RULES FOR THE PROVINCIAL SABHAS. ANNEXURE-B THE TRUE COPY OF THE REGITERED CONSTITUTION OF THE DAKSHINA BHARAT HINDI PRACHAR SABHA (KERALA) ANNEXURE-C THE TRUE COPY OF THE ORDER OF THE GENERAL SECRETARY, CENTRAL SABHA DATED 2.7.2011. ANNEXURE-C1 THE TRUE OPY OF THE MALAYALAM TRANSLATION OF ANNEXURE C1. ANNEXURE-D THE TRUE COPY OF THE REGISTRATION PARTICULARS OF TOYOTA INNOVA VEHICLE WITH REGITRATION NO.KL-07-BK-5400. ANNEXURE-E THE TRUE COPY OF THE LETTER DATED 25.7.2011 BY JUSTICE V.R.KRISHNA IYER ADDRESSED TO JUSTICE V.S.MALIMATH. ANNEXURE-F THE TRUE COPY OF THE LETTER DATED 3.8.2011 BY THE PRESIDENT OF THE CENTRAL SABHA. ANNEXURE-G THE TRUE COPY OF THE COMPLAINT DATED 2.8.2011 FILED BY THE PETITIONER BEFORE THE COURT OF THE C.J.M,. ERNAKULAM ALONG WITH THE ACCOMPANYING DOCUMENTS. ANNEXURE-H THE TRUE COPY OF THE F.I.R IN CRIME NO.2498 OF 2011 OF CENTRAL POLICE STATION ERNAKULAM DATED 5.8.2011. ANNEXURE-I THE TRUE COPY OF THE NOTICE DATED 9.8.2011 ISSUED BY THE INVESTIGATION TEAM TO THE SECRETARY. ANNEXURE-J THE TRUE COPY OF CRL.M.P.NO.2853 OF 2011 DATED 11.8.2011 FILED BY THE PETITIONER BEFORE THE COURT OF CJM, ERNAKULAM. ANNEXURE-K THE TRUE COPY OF THE CRL.M.P.NO.2837/2011 OF CJM, ERNAKULAM DATED 10.8.2011. Crl.MC.No. 3543 of 2011 ANNEXURE-L THE TRUE COPY OF THE REPORT OF S.I. CENTRAL POLICE STATION DATED 12.8.2011 IN CRIME NO.2498 OF 2011. ANNEXURE-M THE TRUE COPY OF THE REPORT OF S.I., CENTRAL POLICE STATION DATED 11.8.2011 IN CRIME NO.2498 OF 2011. ANNEXURE-N THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE RESPONDENT NO.1 BEFORE RTO, ERNAKULAM. ANNEXURE-O THE TRUE COPY OF THE DOCUMENTS PRODUCED BY THE RESPONDENT NO.2 CLAIMED TO THE RESOLUTION DATED 29.7.2011. ANNEXURE-P THE TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF FEES FOR TRANSFER OF THE OWNERSHIP BEFORE THE RTO ON 19.8.2011. ANNEXURE-Q THE TRUE COPY OF THE PETITION DATED 26.8.2011 SUBMITTED BY THE SECRETARY BEFORE THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. ANNEXURE-R THE CERTIFIED COPY OF THE COMMON ORDER OF THE COURT OF CJM IN CRL.M.P.2837 OF 2011 AND CRL.M.P.2853 OF 2011 IN CRIME NO.2498 OF CENTRAL POLICE STATION, ERNAKULAM DATED 1.9.2011. ANNEXURE-S THE TRUE COPY OF THE PROCEEDINGS SHEET OF THE COURT OF CJM ERNAKULAM IN CRL.M.P.2837 OF 2011. ANNEXURE-T THE TRUE COPY OF THE PROCEEDINGS OF THE DAKSHINA BHARATH HINDI PRACHAR SABHA DATED 3.9.2011. ANNEXURE-U THE TRUE COPY OF THE PROCEEDING DATED 6.9.2011 OF THE GENERAL SECRETARY CENTRAL SABHA. ANNEXURE-V THE TRUE COPY OF THE AUTHORISTION LETTER DATED 13.10.2011, ISSUED BY THE GENERAL SECRETARY, DAKSHINA BHARAT HINDI PRACHAR SABHA, MADRAS. RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A. TO JUDGE N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3543 of 2011 ----------------------------------- Dated this the 8th day of December 2011 O R D E R Learned counsel for the first respondent submits that the vehicle in question was surrendered and that the key of the vehicle was handed over to the Secretary namely the petitioner herein. The learned counsel for the petitioner submits that in the light of the said submission, Annexure R order has become inoperative. It is submitted by the learned counsel for the petitioner that so many unwanted and unwarranted comments were made by the learned CJM while disposing of a petition filed under Sec.451 Cr.P.C. Among such observations, one of the observations is as under :- “............I find that the act of the Secretary Sri.Vijayakumaran Nair is without any legal status as per the Constitution of the Dakshnia Bharat Hindi Prachar Sabha. The secretary has acted without any authority and arbitrarily. Filing of the complaint before court was Crl.M.C. No.3543 of 2011 -: 2 :- an unwanted act. I find that the petitioner in Crl.M.P.2837/2011 is entitled to get the interim custody of the vehicle. Petitioner in Crl.M.P.2853/2011 is warned that this court will be compelled to invoke Section 250 of Cr.P.C. towards final disposal of crime number 2498/2011 of Central Police Station, Ernakulam.” 2. Learned counsel submits that the aforesaid observation was totally unnecessary and is to be condemned. The fact that the petitioner was the RC owner of the vehicle was not disputed. The averments were made in the petition with regard to the forgery of documents in respect of the vehicle so as to cause transfer of the vehicle to another person and thereafter to the respondent herein. The petition before the court below was only a petition for interim release of the vehicle. The learned Magistrate was not expected to make unwanted comments which may adversely affect the merit of the main case itself. All such adverse and unwarranted comments made by the learned CJM in the impugned order against the petitioner will stand expunged. Crl.M.C. No.3543 of 2011 -: 3 :- 3. In the light of the submissions already made by the learned counsel for the first respondent and in view of what has been stated above, the petitioner is entitled to take possession of the vehicle. Annexure R order is set aside. Annexure J petition stands allowed. Petitioner will execute a bond for Rs.20,000/- (Rupees Twenty Thousand only) with two solvent sureties each for the like sum before the CJM Court, Ernakulam and will issue release order. This Crl.M.C. is allowed accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt