IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 3697 of 2007() ------------------------- CC.1916/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER: ACCUSED ------------------- K.A.DAVISON, KOTTAYIL HOUSE, ARATTUKADAVU, OPP. C.S.I.CHURCH, MAVELIKARA, ALAPPUZHA DISTRICT, PIN-690 101. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR-1. ADDL. RESPONDENT 3: THE SOUTH INDIAN BANK LIMITED REPRESENTED BY ITS CHIEF MANAGER, HEAD OFFICE, THRISUUR-I (IMPLEADED AS ADDL. R3 AS PER ORDER DATED 10-01-2008 IN CRL.M.A. 6715 OF 2007) BY PUBLIC PROSECUTOR SRI.M.S. BREEZE SRI.GEORGE VARGHESE (MANACHIRACKEL) ADV. SRI. GEORGE VARGHESE FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3697 of 2007 * * * * * * * * * * * * * * * * * * Dated: 14th day of February 2008 ORDER Petitioner, K.A. Davis who is the accused in C.C. No. 1916 of 2007 on the file of the Judl. First Class Magistrate's Court-I, seeks to quash Annexure I final report as well as the proceedings before the Magistrate. One K. Mohanan purchased an Ambassador Car bearing Reg. No. KL-04A/6273 which was hypothecated to the Mavelikkara Branch of the South Indian Bank. The said Mohan died. The petitioner claims to have purchased the said Car from the said Mohanan's wife Sheela Mohan, who agreed to transfer the vehicle in favour of the petitioner and handed over to the petitioner the registration certificate and insurance papers of the vehicle. Subsequently, Sheela Mohan also died. Since the amount due to the South Indian Bank was not paid, the petitioner would contend that the bank took custody of the vehicle. But the bank on the other hand would contend that the bank lodged a complaint of theft of the vehicle resulting in the registration of Crime No. 390 of 1997 by the Thrissur East Police . The vehicle was seized by the police and produced before the Magistrate. The petitioner's application for interim custody was Crl.M.C. No. 3697 of 2007 -:2:- dismissed by the Magistrate. The petitioner thereupon preferred Crl.M.C. 1482 of 1998 before this Court and this Court allowed the petition for interim custody. But the vehicle was not taken on interim custody presumably for the reason that it was by then not roadworthy . The petitioner has admittedly cleared the dues to the bank. 2. The learned counsel for the Addl. 3rd respondent bank submitted that the bank has no subsisting grievance since the petitioner has cleared all the dues. Hence, no useful purpose will be served by compelling the petitioner to undergo the ordeal of a trial. He has not only lost the car but also his money. Under these circumstances, the proceedings registered as C.C. 1916 of 2007 on the file of the J.F.C.M. I, Thrissur are hereby quashed and the petitioner/accused is discharged of the offence of theft. In case, the petitioner files an application under Section 452 Cr.P.C., the learned Magistrate shall grant custody of the vehicle to the petitioner. The bank has no objection in granting custody of the vehicle to the petitioner. This Crl. M.C. Is disposed of as above. V. RAMKUMAR, (JUDGE) ani. Crl.M.C. No. 3697 of 2007 -:3:-