IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3224 of 2010() ------------------------- (CRIME NO.214/2004 OF ARECODE POLICE STATION) CC.358/2004 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER:DE FACTO COMPLAINANT --------------- T.K.ASHRAF, AGED 46 YEARS, S/O.MOIDEEN, THENUTTY KALLINGAL HOUSE, KILIKALLMUGAL, P.O.AREACODE. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3224 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 ORDER The petitioner who was the de facto complainant in Crime No.214 of 2004 of Arecode Police Station and which was disposed of by the Chief Judicial Magistrate, Manjeri as per Annexure-A judgment in C.C.No.358 of 2004 for offences punishable under Sections 406 and 120B read with Section 34 I.P.C. seeks to quash Annexure-C notice issued by the Chief Judicial Magistrate, Manjeri pursuant to Annexure-B appellate judgment of the Additional Sessions Judge (Adhoc-I), Manjeri as per which the material object namely cash worth Rs.1,90,000/- was directed to be confiscated to the State. According to the petitioner both the Chief Judicial Magistrate as well as the Additional Sessions Court passed final orders under Section 452 Code of Criminal Crl.M.C.No.3224/2010 : 2 : Procedure with regard to the disposal of the said cash without hearing the petitioner and without giving the petitioner an opportunity of being heard and without even a notice to the petitioner. Any way, the petitioner has now, by way of abundant caution filed an appeal against the order of final disposal passed by the Chief Judicial Magistrate. Since the said appeal is filed beyond time the petitioner has filed Crl.M.P.No.1167/2010 to condone the delay in filing the said appeal. The said appeal has been filed under Section 454 Code of Criminal Procedure before the court of Sessions, Manjeri. The said delay petition stand posted to 19/8/2010. The grievance of the petitioner is that if the order for confiscation of the currency notes passed without hearing the petitioner is implemented, his appeal will become infructuous. The petitioner therefore prays for a direction to the Sessions Court to dispose of the petition to condone the delay and thereafter the appeal and until then to keep the proceedings for confiscation in abeyance. Crl.M.C.No.3224/2010 : 3 : Accordingly this Criminal M.C. is disposed of directing the Sessions Court, Manjeri to hear and dispose of Crl.M.P.No.1167 of 2010 and thereafter the appeal filed by the petitioner under Section 454 Code of Criminal Procedure expeditiously and until then to keep the confiscation proceedings pursuant to Annexure-C notice in abeyance. It is made clear that since the earlier order passed in Criminal Appeal No.86/2008 was without hearing the petitioner the Additional Sessions Judge shall not feel concluded by the findings recorded therein. V.RAMKUMAR, JUDGE skj