IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4169 of 2008() ------------------------- CC.511/2001 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): ACCUSED --------------- BABU,S/O. ABRAHAM, MYALIL HOUSE, BRAHAMANGALAM P.O., VAIKOM. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4169 of 2008 ------------------------------------- Dated this the 4th day of November, 2008 ORDER Petitioner is the accused and he faced indictment for offences punishable under Sections 468, 409, 420 and 193 I.P.C. After trial, he was found guilty and convicted for the offences punishable under Sections 468 and 193 I.P.C. On the other counts, he was found not guilty and acquitted. He was not sentenced to suffer any punishment. But he was released under Section 4 of the Probation of Offenders Act for a period of one year. That period has already elapsed now, it is submitted. 2. The petitioner has now come to this Court with this petition under Section 482 Cr.P.C to issue further directions to the learned Magistrate regarding disposal of material objects which were produced and marked in the case. In para.21 of the judgment of the trial court, directions were issued regarding disposal of property. The petitioner accepted the same and did not challenge the same under Section 454 Cr.P.C. But the petitioner now finds that the inherent jurisdiction must be invoked by this Court in the interests of justice. Even though directions were issued under para.21 of the judgment, the gold ornaments which are available in court have not been claimed by the persons who had pledged the same before the petitioner. Crl.M.C. No.4169 of 2008 2 The petitioner runs a financial institution. The learned counsel for the petitioner submits that notwithstanding the fact that the direction under Section 452 Cr.P.C was not challenged by the petitioner in a proper appeal under Section 454 Cr.P.C, there is urgent necessity to issue further directions regarding disposal of the properties. As many as 133 items of properties remain in the custody of the court. The petitioner is not able to claim the same. Those who had pledged the same find it more convenient not to claim the same. It is, in these circumstances, that the petitioner has come to this Court. 3. I have considered all the relevant circumstances. It is true that the petitioner had not chosen to prefer an appeal under Section 454 Cr.P.C. But the fact that he has not challenged the order in appeal is of no consequence as the petitioner could not at the relevant point of time have anticipated the present situation of the owners of properties not claiming the amounts by paying the amounts due to the petitioner. In these circumstances, the petitioner may be permitted to take release of the gold ornaments subject to the rights of the owners who had produced the same before the petitioner. In the alternative the petitioner may be permitted to file a fresh application before the learned Magistrate for release of the gold ornaments in question. Crl.M.C. No.4169 of 2008 3 After notice to the parties concerned, the learned Magistrate may be directed to dispose of such application afresh, submits counsel. 4. Having considered all the relevant circumstances and the submissions of the learned counsel for the petitioner, I am satisfied that the latter course can advantageously be followed. Such course, I am satisfied, shall serve the ends of justice ideally. 5. In the result: a) This Crl.M.C is allowed; b) The following directions are issued: i) The petitioner may make an application before the learned Magistrate for release of any of the articles remaining in the custody of court regarding which the directions issued in para.21 has not worked and the articles continue in the possession of the court. If such an application is filed by the petitioner, the learned Magistrate shall pass orders afresh under Section 452 Cr.P.C regarding release of such ornaments. ii) Appropriate directions can be issued by the learned Magistrate after giving opportunity for all concerned to advance their contentions. Such orders passed shall be reckoned as fresh orders passed under Section 452 Cr.P.C and the grievance procedure under Section 454 Cr.P.C shall apply to such disposal. (R.BASANT, JUDGE) rtr/-