IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1088 of 2008() ------------------------- CC.233/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR CRIME NO. 76 OF 2004 OF PUDUNAGARAM POLICE STATION .................... PETITIONER: ACCUSED -------------------------- ANILKUMAR K.S., KANNATTU HOUSE VALAMANGALAM NORTH, THURAVOOR P.O., CHERTHALA ALAPPUZHA DISTRICT, PIN-688 532 BY ADV. SRI.G.HARIHARAN RESPONDENTS: STATE & COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE PUDUNAGARAM, PALAKKAD DISTRICT. 3. ARUMUGHAN, S/O.MUTHU, PARAMBARATH HOUSE KANNANKODE, KODUVAYUR. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1088 of 2008 ========================== Dated this the 18th day of March, 2008. O R D E R The petitioner, who is the accused in crime No. 76 of 2004 of Pudunagaram Police Station registered for offences punishable under Sections 403, 406 and 420 IPC, seeks a direction to the Judicial First Class Magistrate, Chittur to consider and dispose of Annexure A4 petition namely C.M.P.No. 1722 of 2006 expeditiously. 2. The case of the petitioner is as follows: He was the registered owner of a 1994 Model Tata Bus bearing registration No. KL 9M-869. The petitioner entered into an agreement on 01.07.2003 to sell the bus to the 3rd respondent herein. Even though the vehicle was given to the 3rd respondent, he committed breach of the terms and conditions of the contract and handed over the vehicle back to the petitioner. But the 3rd respondent subsequently got registered crime No. 76 of 2004 falsely against the petitioner. The vehicle was seized by the police and produced before the Judicial First Class Magistrate, CRL.M.C. NO. 1088/2008 : 2: Chittur which granted interim custody of the vehicle to the 3rd respondent on 09.07.2004 on his executing a bond for Rs.4 lakhs. Crime No. 76 of 2004 has been registered as C.C. No. 233 of 2004 on the file of the Judicial First Class Magistrate, Chittur. Now, contrary to the undertaking given to the court, the 3rd respondent has sold the vehicle to one Remya as evidenced by Annexure A5 registration particulars. This necessitated the petitioner to file the above C.M.P. No. 1722 of 2006. 3. I see no reason why the prayer of the petitioner should not be granted. Accordingly, this Crl.M.C is disposed of directing the Judicial First Class Magistrate, Chittur to dispose of C.M.P. No 1722/2006 expeditiously and at any rate within two weeks of receipt of a copy of this order. The disposal shall however be after hearing all concerned. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1088/2008 : 3: