IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Crl.MC.No. 5024 of 2010(E) ------------------------------------- [CRIME NO.466/2010 OF MANGALAPURAM POLICE STATION, TRIVANDRUM] ............ PETITIONER: ------------------- SHAMEEM, S/O.HAMEED,T.C.35/118, VALLAKKADAVU.P.O,TRIVANDRUM. BY ADVS. SRI.SANTHAN V.NAIR, SRI.G.ANIL KUMAR (MANACAUD), SRI.V.V.MITHUN. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.5024 of 2010 --------------------------------------- Dated this 17th day of February, 2011 ORDER Petitioner is 5th accused in Crime No.466 of 2010 of Mangalapuram Police Station and as the learned Public Prosecutor submits, later removed from the array of accused challenges Annexure-C, order. The case was registered for offences punishable under Sec. 120(b), 465, 468, 471, 406 and 420 of the Indian Penal Code. De facto complainant filed Annexure-1/7 complaint to the Director General of Police against accused alleging that on the security of accused Nos.1 to 3, a loan was availed for the purchase of a vehicle bearing registration number.KL-22B/973 but the loan was utilised for purchase of another vehicle bearing number KL-22A/8842. Liability of the finance company is still alive and no objection certificate has not been issued for cancellation of hypothecation. Petitioner is said to have cheated the de facto complainant by seeking loan on the security of an old vehicle (KL-22B/973) and on verification of records it was revealed that the said vehicle was purchased with loan availed from Mahindra and Mahindra Finance Limited and that liability is still subsisting. On Crl.M.C.No.5024 of 2010 -: 2 :- verification it was found that second accused had transferred vehicle bearing number KL-22A/8824 also without obtaining permission of the de facto complainant. Hence the complaint. In the course of investigation the vehicle was seized. Petitioner filed C.M.P.No.5685 of 2010 for release of the vehicle bearing number KL-22B/973 and C.M.P.No.5684 of 2010 under Sec.451 of the Code of Criminal Procedure for a direction to the police to produce R.C book of the vehicle. Learned Magistrate vide the impugned order dismissed the petitions. That order is under challenge. Learned counsel contends that petitioner is entitled to custody of the vehicle, otherwise, it will remain idle and get lost. I have heard learned Public Prosecutor. 2. It is seen from the impugned order that learned Magistrate observed that petitioner is claiming title over the vehicle as per a forged document and that investigation of the case is not completed. Accused are not arrested. It is also pointed out by learned Magistrate that it is to be investigated and ascertained whether the Engine and Chassis number of the vehicle have been altered. It is on that situation learned Magistrate refused to allow the petition. Learned Public Prosecutor submitted that investigation of the case is not Crl.M.C.No.5024 of 2010 -: 3 :- complete. Having heard learned Public Prosecutor I do not find reason to interfere with the said order. I make it clear that this order or the impugned order will not stand in the way of petitioner seeking reliefs after investigation of the case is completed. Investigating agency is directed to complete the investigation as early as possible. This criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-