IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 2030 of 2011() ------------------------- CMP. NOS. 606,607,651,652,692/11 IN CMP.605/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY. .................... PETITIONER(S): 3RD PARTY ------------------------------------------ 1. V.P.KOYA, S/O.AHAMMED KOYA, AGED 40 YEARS, HEERA HOUSE, P.O.PERUMANNA, KOZHIKODE DISTRICT. 2. ABDU RAHIMAN, S/O.PANICHINGAL ABU, P.O.KUDIYATHUR, KOZHIKODE DISTRICT. 3. THARAMAL KANNANCHERRY AKBAR, S/O.AHMED KUTTY, P.O.KODIYATHUR, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, MUKKOM POLICE STATION, KOZHIKODE DIST., (CRIME 38, 154, 164, 165, 166 AND 163 OF 2009). BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2030/2011 APPENDIX PETITIONER'S ANNEXURES A1:- DOCUMENT NO.4215/08 OF THE MUKKOM SUB REGISTRAR'S OFFICE. A2:- ENCUMBRANCE CERTIFICATE IN RESPECT OF THE PETITINERS' PROPERTY. A3:- COPY OF THE ORDER IN CMP. 605/11 OF J.F.C.M. II, THAMARASSERY. IN CRIME 38/09 OF MUKKOM POLICE STATION. A4:- COPY OF THE ORDER IN CMP. 606/11 OF J.F.C.M. II, THAMARASSERY IN CRIME 154/09 MUKKOM POLICE STATION. A5:- COPY OF THE ORDER IN CMP. 607/11 OF J.F.C.M-II, THAMARASSERY, IN CRIME 164/09 OF MUKKOM POLICE STATION. A6:- COPY OF THE ORDER IN CMP. 651/11 OF J.F.C.M-II, THAMARASSERY IN CRIME 165/09 OF MUKKOM POLICE STATION. A7:- COPY OF THE ORDER IN CMP.652/11 OF JFCM II, THAMARASSERY IN CRIME 166/09 OF KUKKOM POLICE STATION. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2030 of 2011 ----------------------------------- Dated this the 27th day of September 2011 O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The respondent in all the petitions before the court below covered by Annexures - 3 to 8 is one Muhammed.P.P., against whom the complaints were filed by so many persons alleging commission of offence under Sec.420 IPC. It was alleged that the aforesaid accused Muhammed had obtained a sum of Rs.45 lakhs from so many such persons and committed the offence of cheating. With that amount he purchased properties mentioned in this petition. Those properties were subsequently assigned by him to different persons by registered sale deeds. From the aforesaid Muhammed, the property was purchased by one T.V.Koyatty, from whom the present petitioners have purchased the same in November Crl.M.C. No.2030 of 2011 -: 2 :- 2008 stated to be as per Annexure-I document. The learned counsel for the petitioners would submit that before passing the impugned order in all those cases, the petitioners who are the subsequent assignees have not been given notice or heard in the matter. The learned counsel submits that the assignment was prior to the registration of the crime and so the petitioners should have been heard in the matter. Therefore, it is just and proper that an opportunity is given to the petitioners to put forward their contentions in the respective applications (Annexures 3 to 8). To that extent alone, the impugned orders are set aside. 3. It is made clear that till a fresh order is passed/until otherwise ordered, the petitioners herein shall not transfer the properties covered by Annexure-1 document which is also the subject matter of all those orders. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt