IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 Crl.MC.No. 1306 of 2011() ------------------------- AGAINST THE ORDER DATED 10/01/2011 IN CMP.18A A/2011 IN CC.1692/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): CLAIM PETITIONER ------------------------------- LENIN, S/O.UBAIDULLA, NEDUMPURAKKAL HOUSE, IRINJALAKUDA. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, IRINJALAKUDA. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011 ALONG WITH CRL.MC.NO.1307/11, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 1306 of 2011 & Crl.M.C.No. 1307 of 2011 ---------------------------------------------- Dated this the 29th day of April, 2011 COMMON ORDER These Criminal Miscellaneous Cases arise from the common order passed by learned Judicial First Class Magistrate, Irinjalakuda on C.M.P.Nos. 181A and 184 of 2011 in C.C.No.1692 of 2010. The accused is proceeded against for offence punishable under Section 17 of the Kerala Money Lenders Act. Petitioners filed the above said C.M.Ps for release of the registration certificates of vehicles, which they claimed belonged to them. Learned Magistrate dismissed the petitions observing that if released, petitioners might enter into sale agreements with third parties and that would affect trial of the accused. Those orders are under challenge in these proceedings. 2. I have heard learned counsel for petitioners and the learned Public Prosecutor. 3. The order on C.M.P.No. 181 of 2011 in the same proceeding (which formed part of the common order) was challenged in this Court in Crl.M.C.No.556 of 2011 and this Court by order dated March 4, 2011 set Crl.MC.1306 & 1307/11 - 2 - aside the said order and observed that notice of the proceeding was not given to the accused. Learned Magistrate was directed to reconsider the claim of the petitioner with notice to the accused as well. There is no reason why a different stand should be taken in these proceedings. Resultantly, these Criminal Miscellaneous Cases are allowed. The common order to the extent it concerned in CMP.Nos. 181A and 184 of 2011 is set aside and those petitions are remitted to the learned Magistrate for fresh decision, in the light of observations made in the order dated March 4, 2011 in Crl.M.C.No.556 of 2011 after giving notice to the accused as well. THOMAS P. JOSEPH, JUDGE vgs