IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Crl.MC.No.2421 of 2004(C) -------------------------------- CC.871/1993 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER: ------------ JOSEPH CHACKO, EDAYADIYIL, VEROOR P.O., CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.K.S.MOHAMED HASHIM SRI.SURIN GEORGE IPE RESPONDENTS: ------------------ 1. RAGHAVAN, UNNITHAN, S/O. NARAYANA KURUP, PALAMKONATH HOUSE, KOTTAKERAM WARD, KALLUVATHUKAL PANCHAYATH, PARIPALLY KARA, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. M.C No.2421 of 2004 ------------------------------------------------ Dated this the 9th day of January, 2008 ORDER The prayer of the petitioner in this Crl.M.C is to recall the warrant and to stay all proceedings pursuant to Annexure-IV and to allow him to surrender the autorickshaw bearing registration No.KL-2 A 7306 before the Judicial First Class Magistrate's Court, Changanacherry. 2. By Annexure-IV order, the petitioner was directed to pay an amount of Rs.50,000/- as compensation to the first respondent as value of the autorickshaw bearing registration No.KL-2 A 7306. It was further ordered that the amount will be realised as prescribed by Section 421 of the Cr.P.C. The said order was passed on C.M.P.210/04 filed by the first respondent in the court below as the petitioner failed to produce the autorickshaw in court which was obtained by him by way of interim custody vide Annexure-I order. Crl. M.C No.2421 of 2004 -2- 3. This Court vide order dated 14/09/04 accepted the offer made on behalf of the petitioner to surrender the autorickshaw before the learned Magistrate within a period of two weeks. It was further ordered that if the autorickshaw is so surrendered further proceedings pursuant to Annexure-IV order shall be kept in abeyance by the learned Magistrate. It is reported that surrender of the autorickshaw is made before the learned Magistrate on 24/09/04 and attested copy of memo dt.24/09/04 is also placed before me for perusal by the learned counsel for the petitioner. 4. In the circumstances, allowing this Crl.M.C, I quash all proceedings pursuant to Annexure-IV order passed by the Judicial First Class Magistrate, Changanacherry. K.P.BALACHANDRAN, JUDGE kns/-