IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2595 of 2010() ------------------------- CMP.1569/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): PETITIONER IN CMP NO.1506/2010 --------------------------------------------- ANILKUMAR, AGED 35, S/O.PARAMESWARAN THAMPI, GOKULAM VEEDU, T.C.41/87, MANACAUD WARD, MANACAUD VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): COUNTER PETITIONER IN CMP 1506/2010 -------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MONIKUTTAN, AGED 30, S/O.KUTTAN, T.C.22/338, KALLUVILA PUTHEN VEEDU, ATTUKAL WARD, THIRUVANANTHAPURAM-9. 3. VASANTHAKUMARI, W/O.KUTTAN, DO. DO. 4. SUDHARSANAN, AGED 53 YEARS, S/O.BHASKARA PANIKER, BHAGAVATHY BHAVANAM, MANACAUD P.O., THIRUVANANTHAPURAM-9. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2595 of 2010 = = = = = = = = = = = = = = Dated : 09.07.2010 ORDER Petitioner, who is neither the complainant nor the accused challenges Annexure VIII common order dated 21.06.2010 in C.M.P.Nos.1506/2010 & 1569/2010 as per which the J.F.C.M-II. Thiruvananthapuram dismissed his application under Section 451 Cr.P.C. for interim custody of the property (wooden handicrafts of elephant) involved in the case. According to the petitioner, he has better claim over the property. Since the petitioner is not a party to the pending proceedings, the order passed against him is to be treated as a final order, which is revisable, (See Aliyarkunju v. Subair Khan (1984 KLT 268). I am, therefore, not inclined to entertain this petition under Section 482 Cr.P.C. The learned counsel for the petitioner made an oral request to convert this petition into a revision. The said request is accepted. Registry shall convert this Crl.M.C into Criminal Revision and post the same before the appropriate court hearing revisions as per the roster. Dated this the 9th day of July, 2010. V. RAMKUMAR, JUDGE sj