IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 116 of 2010() ------------------------ CMP.12955/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... CR.NO.595/09 OF POOYAPPALLY POLICE STATION,KOTTARAKKARA) PETITIONER(S): COMPLAINANT: ----------------------------------------------- SHERIFA BEEVI, AGED 70 YEARS, D/O.BEEVI KUNJU, SURABHI HOUSE, THRICHAMKAVU, OYUR, POOYAPPALLY VILLAGE, KOTTARAKKARA TALUK. BY ADV. MR.SYAM J SAM RESPONDENT(S): STATE/ACCUSED: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.116 OF 2010 ------------------------------------------ Dated 13th January 2010 O R D E R Petitioner, whose gold ornaments were stolen filed C.M.P.12955/2009, in crime No.595/2009 of Pooyappally police station, before Judicial First Class Magistrate-II, Kottarakara under Section 451 of Code of Criminal Procedure for interim custody of the gold ornaments. Learned Magistrate under Annexure-A4 order dismissed the petition holding that gold ornaments can be released, only after disposal of the case. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order, contending that even investigation officer had filed Annexure-A3 report stating that there is no objection for granting interim Crmc 116/10 2 custody of the gold ornaments. 2. Honourable Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (2003 (2) KLT 1089) had cautioned the Magistrate to exercise the jurisdiction under Section 451 expeditiously and judiciously and directed to follow the procedure provided thereunder. Unfortunately, learned Magistrate did not follow the same. Annexure-A4 order is illegal and is quashed. C.M.P.12955/2009 is remitted to the learned Magistrate. Learned Magistrate is directed to pass appropriate order in the application following the decision of the Apex court in Subderbhai's case (supra), within two weeks from the date of receipt of a copy of this order. Petition is allowed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 116/10 3