IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27342 of 2010(Q) --------------------------------------- [CMP.NO. 455/2010 IN ST.NO.2/2009 OF CHIEF JUDICIAL MAGISTRATE'S COURT, MANJERI] .................... PETITIONER: ------------------- K.RAJESH, S/O. JANAKI AMMA, KORATH HOUSE, POST THEKKEN KUTTOOR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27342 of 2010 Q -------------------------- JUDGMENT Petitioner in C.C.No.455/2010 before Chief Judicial Magistrate's Court, Manjeri filed this petition under Article 227 of Constitution of India for a direction to the Magistrate to release the attached property and also for a direction to consider Exhibit P6 petition within a time frame. 2. When a property is attached under Section 83 of Code of Criminal Procedure and being a third party, petitioner filed a petition for releasing the attached property as provided under Section 84 of Code of Criminal Procedure, learned Magistrate is expected to pass orders on the petition in accordance with law. No direction need be issued to the Magistrate to release the property as sought for. 3. Chief Judicial Magistrate, Manjeri is directed to consider and pass appropriate order on Exhibit P6 petition expeditiously. Petition is disposed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv