IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 OP(Crl.).No. 2677 of 2011(Q) --------------------------------------- CMP.2135/2011 of CHIEF JUDICIAL MAGISTRATE COURT, KALEPETTA .................... PETITIONER: --------------------- P.K.BIJU, AGED 37 YEARS, S/O.KURIAN, PINAMATTATHIL HOUSE, KATTAYADU POST, VELLAMUNDA VILLAGE, MANANTHAVADY TALUK. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): -------------------------- 1. THE STATE, REPRESENTED BY SUB INSPECTOR OF POLICE, KALPETTA 673 121. 2. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., CALICUT, 1ST FLOOR, SREE PADAM BUILDING, CHEROOTTY ROAD, CALICUT, REPRESENTED BY P.A.HOLDER SRI.VENUGOPALAN P.T. 673 001. 3. KUNJIMUHAMMED P.T., AGED ABOUT 50 YEARS, S/O.ALAVI, 2/621, POOVATHUMTHODI HOUSE, NEDUMKARANA, P.O.MEPPADI, WAYANAD DISTRICT- 673 577. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPCR. NO.2677/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 21.5.2010 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. P2:- COPY OF THE PRIVATE COMPLAINT FILED BEFORE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA. P3:- COPY OF THE R.C. BOOK OF THE 3RD RESPONDENT. P4:- COPY OF THE NO OBJECTION CERTIFICATE DTD. 5.1.2011 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P5:- COPY OF THE PETITION IN CMP NO.2135/2011 DTD. 3.5.11 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA. P6:- COPY OF THE COUNTER STATEMENT DTD. 5.5.2011 FILED BY THE 2ND RESPONDENT. P7:- COPY OF THE PETITION IN CRL.MP.2142/2011 FOR RELEASE OF THE VEHICLE. P8:- COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN CRL.MP. 2142/2011 FOR RELEASE OF THE VEHICLE. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P. (Crl.) No. 2677 of 2011 - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011. JUDGMENT Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner who claims to be the agreement owner of Vehicle No.KL-9/V-436 Mahindra Max pick-up goods carriage, is the accused in Crime No. 215 of 2011 of Kalpetta Police Station for offences punishable under Sections 120(b), 506(ii), 294(b), 341, 480 and 406 r/w Section 34 IPC and now pending before the Chief Judicial Magistrate, Kalpetta. The prayer in this Original Petition is to direct the Chief Judicial Magistrate, Kalpetta to dispose of Crl.M.P. No. 2135 of 2011 within a specified time. Let the Chief Judicial Magistrate, Kalpetta dispose of the said application within two weeks from the date of receipt of this order. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv