IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 2267 of 2010() ------------------------- CMP.3153/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): CLAIMANTS: -------------------------------------------- 1. M.V.VALSAN, S/O.GOVINDAN VAIDYAR, AGED 58 YEARS, PROPRIETOR, ATLESS JEWELLERY, HIGHWAY, TALIPARAMBA, KANNUR DISTRICT. 2. P.J.LUKA @ WILSON,AGED 46 S/O.P.S.JOSEPH PARAKULAM HOUSE, KARTHIKAPURAM PO,KANNUR DISTRICT. BY ADVS. SRI.P.C.IYPE, SRI.GEORGE MECHERIL. RESPONDENT(S): PETITIONER(DEFACTO COMPLAINANT) & STATE: ---------------------------------------------------------------------------------------------------- 1. VALERIAN, S/O.THOMAS, MANCHERY HOUSE, KOOZHIKKULAM, KURUMASSERY-683 579. 2. STATE OF KERALA, REPRESENTED BY THE DI,CB CID, SIG-II, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.3652/2010 IN CRMC.NO.2267/2010 DISMISSED 20/09/2010 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2267 OF 2010 =========================== Dated this the 20th day of September,2010 ORDER By Annxure VI order Judicial First Class Magistrate-I, Aluva released gold ingots seized from the jewellery shop of the petitioners, to first respondent under section 451 of Code of Criminal Procedure on an application filed by him. Petitioners challenged that order before Additional Sessions Court, North Paravur in Crl.R.P.122 and 123 of 2009. By Annexure VII and VIII orders revisions were dismissed holding that no revision will lie as the order passed by the learned Magistrate is only on an interlocutory application under section 451 of Code of Criminal Procedure. This petition is jointly filed by the petitioners in Crl.R.P.122/2009 and 123/2009 contending that learned Magistrate should not have granted Crl.M.C.2267/2010 2 interim custody of the gold ingots to the first respondent without affording opportunity to the petitioners to raise their claim. 2. Though notice was served on the first respondent, he did not appear. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Crime 122/2004 of Chengamanad Police Station was registered for the offences under sections 454, 461, 395, 411 and 120B read with section 34 of Indian Penal Code. According to the petitioners, during the investigation of crime, the Investigating Officer came to the jewellery shop and demanded to give 500 gms of gold purchased from a lady informing that accused had confessed that stolen articles were sold to the petitioners. It is alleged that apprehending their arrest, petitioners produced the gold ingots and under Annexure I mahazar the gold ingots were seized. The gold ingots so seized were produced before the Crl.M.C.2267/2010 3 court and by Annexure VI order in CMP 3153/2009 it was released to the first respondent. Annexure VI order shows that interim custody was given to the respondent, petitioner in CMP 3153/2009 without considering the question whether the gold ingots so released to the first respondent belongs to the first respondent or not. Before granting interim custody to the first respondent, no notice was given to the jewellery from whom the gold ingots were seized. In such circumstances, Annexure VI order is quashed. CMP 3153/2009 is remitted to Judicial First Class Magistrate-I, Aluva for fresh disposal in accordance with law. Learned Magistrate shall hear the petitioners herein and the first respondent before final order in C.M.P.3153/2009 is passed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006