IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 931 of 2011 -------------------------------- [CC.NO.365/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, TIRUR] .................... PETITIONER/ACCUSED NO.3: ------------------------------------------ KUNHI MARACKAR, S/O. KUTTI HASSAN, AGED 61 YEARS, NAMBRATH HOUSE, KATTIPPARUTHI AMSOM, ALINCHUVADU, VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.MUHAMMED SALAHUDHEEN. RESPONDENTS/STATE/DE-FACTO COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. SULEKHA, W/O. KUNHENU, AREEKATTIL HOUSE, VALATHAPPADI, THINDALAM, EDAYUR.P.O., PIN – 676 522. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.931 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R Petitioner is the third accused in C.C. No.364 of 2007 of the court of learned Judicial First Class Magistrate, Tirur for offences punishable under Sections 379 and 411 read with Section 34 of the Indian Penal Code. Case is that accused 1 and 2 committed theft of LPG Cylinder allegedly belonging to the de facto complainant and the petitioner, knowing the same to be stolen property received it. Petitioner seeks to quash proceeding against him on the ground that in the application filed by the de facto complainant for interim custody of the LPG Cylinder it is stated to be issued from the Indian Oil Corporation while according to the prosecution the stolen LPG Cylinder was issued by Bharat Gas. Learned counsel submits that the LPG Cylinder allegedly stolen did not belong to the de factor complainant. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Question Whether the LPG Cylinder belongs to the de facto complainant is a disputed question of fact and since the prosecution should get an opportunity to explain the discrepancy CRL.M.C. No.931 of 2011 -: 2 :- if any regarding the source of LPG Cylinder seized it is not possible to quash proceeding on the said ground. 3. Learned counsel submitted that petitioner who is a respectable person has been falsely implicated, he wants to go abroad for Haj immediately and a direction may be issued for early disposal of the case. Without understanding the volume of work and priority for disposal of old cases in the court below, I am not inclined to give direction for time bound disposal of the case. Having regard to the fact that the case is of the year 2007 learned Magistrate is directed to expedite trial of the case. If petitioner wants to go abroad for performing Haj it is open to him to seek permission in that regard from the learned Magistrate. Criminal Miscellaneous Case is dismissed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv