IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1905 of 2011() ------------------------------- CMP.7737/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED ------------------------------- M.K.MUHAMMED FAYAD. S/O.IBRAHIMKUTTY, MUNDEKATT HOUSE, MUTHUR, POST TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION - 675 051. 3. ANTONY FRANCIS, S/O.FRANCIS, ARUNODAYAM,KANJIRATHINGAL HOUSE, POST KORATTY, IDUKKI DISTRICT - 688 001. 4. SAMEER K.M, S/O.KOYAKUTTY, MUNDEKATT HOUSE, MUTHUR, POST TIRUR, MALAPPURAM DISTRICT - 675 051. R1 & R2 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1905/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE SALE AGREEMENT OF THE VEHICLE NO.NL-02-C3862 DATED 05/12/2008. ANNEXURE 2:COPY OF CERTIFICATE OF REGISTRATION OF THE VEHICLE NO.NL-02-C-3862, TOYOTO PARDO, DATED 17.05.2007. ANNEXURE 3:COPY OF THE DOCUMENTS TO TRANSFER THE VEHICLE DATED 19/12/2008. ANNEXURE 4: COPYOF THE AGREEMENT EXECUTED BETWEEN THE RESPONDENTS 3 AND 4 DATED 27/02/2010. ANNEXURE 5:COPY OF THE FIR DATED 15/11/2010 IN CRIME NO.862/2010 OF TIRUR POLICE STATION. ANNEXURE 6:COPY OF CMP. NO.7745/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT TIRUR DATED 24/11/2010 FILED BY THE PETITIONER. ANNEXURE 7:COPY OF THE ORDER RELEASING THE VEHICLE TO THE CUSTODY OF THE 3RD RESPONDENT DATED 20/01/2011. ANNEXURE 8:COPY OF CMP. NO.8319/2010 DATED 21/12/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR. ANNEXURE 9:COPY OF ORDER DATED 08/12/2010 IN CMP.NO.8319/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1905 of 2011 ==================================== Dated this the 23rd day of June, 2011 O R D E R Petitioner is aggrieved as the third respondent has not complied with Annexure-9, order dated December 08, 2010 by producing the vehicle before the Regional Transport Officer as directed in the said order. That vehicle is involved in Crime No.862 of 2010 of Tirur Police Station. Petitioner and the third respondent filed petitions for interim custody of the vehicle. Learned Magistrate allowed petition filed by the third respondent subject to conditions and gave interim custody of the vehicle to the third respondent. That condition required third respondent to produce the vehicle before learned Magistrate as and when required by that court. Learned Magistrate in Annexure-7, common order made an observation that the vehicle can be released to the petitioner if registration is changed in his name. According to the petitioner, he has taken all steps to change registration of the vehicle in his name but it could not be completed since the vehicle was not produced by third respondent before the RTO concerned for inspection. It is thereon that petitioner filed C.M.P. No.8319 of 2010 to direct third respondent to produce the vehicle before the RTO. That application was allowed by Annexure-9, order. Grievance of petitioner CRL.M.C. No.1905 of 2011 -: 2 :- is that Annexure-9, order has not been complied by the third respondent in spite of several direction. Learned Magistrate ought to have directed third respondent to surrender the vehicle before court in view of condition No.4 in Annexure-7, referred above. 2. If learned Magistrate has passed an order directing third respondent to produce the vehicle, he has to enforce it so far as the order remains. Learned Magistrate cannot feel helpless in the matter if his order is not complied. Petitioner can request learned Magistrate to enforce Annexure-9. Learned Magistrate is directed to take all steps to enforce the order if it remains in force. With the above direction this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv