IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 4850 of 2008() -------------------------------------- (CRIME NO.751/2008 OF KOTTARAKKARA POLICE STATION) PETITIONER(S): APPLICANT: ------------------------------------------- VASUDEVAN PILLAI, S/O KRISHNA PILLAI, MANIMANGALATH VEEDU, KIZHAKKEKKARA MURI, KOTTARAKKARA VILLAGE, KOTTARAKARA, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, THROUGHT THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4850 of 2009 ---------------------------------------- Dated this the 27th day of January 2009 O R D E R The petitioner is the de facto complainant/victim in a prosecution for offences punishable under Sections 328 and 392 read with 34 I.P.C. The crux of the allegations is that gold ornaments belonging to the petitioner weighing in all 3.50 grams were illegally taken away from his possession. The accused had allegedly sold it to a jeweller who allegedly had melted it and gold ingot weighing about 3.50 grams was available with the jeweller from whose possession the police, in the course of investigation, had seized the said ingot. That ingot is now in the custody of the court. The petitioner applied for release of the said gold ingot. The learned Magistrate, by the impugned order, rejected the same. The petitioner claims to be aggrieved by the said order. 2. Notice was given to the learned Public Prosecutor. Though there was initially some controversy as to whether final report has already been filed or not, it is now clear that the final report has not been filed yet though it is finalised and it is available in the case diary. The learned Public Prosecutor submits that immediate steps will be taken to file the final report before court and to get the trial expedited. Crl.M.C.No. 4850/08 2 3. I have considered all the relevant circumstances. The decision in Sunderbhai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] has been brought to my notice. I am afraid, considering the nature of the article involved in this case, it is not necessary to direct release of the article in question to the petitioner now. The article, as stated earlier, is only a gold ingot. Releasing it to the petitioner is of no use because the petitioner will not be able to make use of the same. I am, in these circumstances, satisfied that a direction can be issued to the learned Magistrate to dispose of the case as expeditiously as possible after the final report is filed in crime No.751/08 of Kottarakkara police station. 4. The learned Public Prosecutor submits that the final report shall forthwith be filed before the learned Magistrate. I accept the submission of the learned Public Prosecutor and dismiss this Crl.M.C with the specific observation that the learned Magistrate must make all endeavour to dispose of the prosecution on the basis of the final report in crime No.751/08 of Kottarakkara police station as expeditiously as possible and take appropriate decision under Section 452 Cr.P.C about the release of the gold ingot which is now said to be available in court. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No. 4850/08 3 Crl.M.C.No. 4850/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008