IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY THE 21ST MAY, 2008/31ST VAISAKHA 1930 Crl.MC.No. 1940 of 2008() ------------------------- (CRL.M.P.7237/2006 OF THE JFCM-I, PUNALUR PETITIONER: PETITIONER/CLAIM PETITIONER --------------------------------------- SHOBANA,D/O.LATE NARAYANA SWAMI, NO.12,JAMBULINGAM STREET,KASTURIBHAI NAGAR, G.K.M.COLONY,CHENNAI, NOW RESIDING AT ASHA BHAVAN, VAMANAPURAM,NEDUMANGAD TALUK,KERALA. BY ADV. SRI.M.DINESH RESPONDENTS: RESPONDENT/RESPONDENT ---------------------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.C.SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/05/2008, THE COURT ON 21-5-2008, PASSED THE FOLLOWING: V.K.MOHANAN,J. ---------------------------------------------- Crl.M.C.No.1940/2008 ---------------------------------------------- Dated this the 21st May, 2008. ORDER This is a petition filed by one Shobana who is the petitioner in Crl.M.P.No.7237/2006 pending before the Judicial First Class Magistrate Court-I, Punalur for a direction to the learned Magistrate to dispose of Annexure A5 petition at the earliest. 2. According to the petitioner, she is the owner of a Sree Ayyappa idol which given for shooting to one Samu who was implicated in crime No.96/2006 of Anchal police station for the offences punishable under sections 420 and 511 of IPC. During the course of investigation, the said idol was seized and produced before the court. At the instance of the said Samu, the FIR in the above case was quashed as per Annexure I order. The grievance of the petitioner is that the idol in question is in the custody of the court below and though the petitioner had filed a petition under section 452 of the Cr.P.C., the same was not so far disposed of by the court below and she prays for an Crl.M.C..1940/2008 2 order of earlier disposal of the said petition. 3. I have heard the counsel for the petitioner as well as the learned Public Prosecutor. 4. Having regard to the facts and circumstances involved in the case, I am of the view that this Crl.M.C. can be disposed of directing the court below to dispose of Annexure A5 petition. 5. Accordingly, this Crl.M.C. is disposed of directing the Judicial First Class Magistrate Court-I, Pulaur to take into consideration Annexure A5 petition and dispose of the same in accordance with law and on merits after giving opportunities to the concerned parties as expeditiously as possible. V.K.MOHANAN, JUDGE. kvm/- Crl.M.C..1940/2008 3 V.K.MOHANAN, J. No.... Judgment/Order Dated: