IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.Rev.Pet.No. 2864 of 2008() ------------------------------ AGAINST THE ORDER DATED 11/07/2008 IN CRMP.460/2007 IN CC.1/2007 of SPL.COURT (SPE/CBI-I), ERNAKULAM .................... REVN. PETITIONER(S)/APPELLANT/6TH ACCUSED: --------------------- V.SANU S/O.VIVEKANANDAN, AGED 52 YEARS, MRRA 36, 'ATHIRA' HOUSE, MOOLEPADOM ROAD, VAZHAKALA, KAKKANAD. BY ADV. SRI.P.JACOB VARGHESE (SR.) SRI.GHILS MATHEW SRI.SALISH ARAVINDAKSHAN RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: ----------------- 1. STATE OF KERALA REP.BY P.P O/O. PUBLIC PROSECUTOR, HIGH COURT COMPLEX, ERNAKULAM. 2. CENTRAL BUREAU OF INVESTIGATION REP.BY ITS PUBLIC PROSECUTOR. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRRP2864/2008 OR DER ON CRL.M.A.8706 OF 2008 IN CRRP 2864 OF 2008 DISMISSED 29.10.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 2864 OF 2008 ------------------------------------------ Dated this the 29th day of October, 2008 O R D E R This petition is filed under section 397 and 401 of Code of Criminal Procedure challenging the order passed by Special Judge (SPE/CBI)-I, Ernakulam dismissing the application filed under section 457 of Cr.P.C. for interim custody of the currency notes, DVD player, Sub Woofer, Central Speaker, front speakers, Digital Video Camera and passport seized by the investigating agency while investigating the case under Prevention of Corruption Act. Case of the petitioner is that Special Judge was not justified in dismissing the application for the reason that petition is filed under section 457 of Cr.P.C. as the application should have been filed under section 451 of Cr.P.C. on the ground that articles were not produced before the Court when they were not produced as material objects necessary for the purpose of trial. 2. The learned senior counsel submitted that subsequently as represented by the counsel appearing for second respondent on 16.10.2008, an additional list of material CRRP 2864/08 2 objects were submitted before the special Court stating that they were omitted to be mentioned in the final report filed under section 173 of Cr.P.C. and in view of the said statement, petitioner may be permitted to move an application under section 451 of Cr.P.C. and Special Judge may be directed to dispose the application, if filed, without delay. In view of the submission the revision is dismissed. Petitioner is permitted to file an application under section 451 of Code of Criminal Procedure before the special Court. If such an application is filed, Special Judge, Ernakulam is directed to dispose the same without any delay. M. SASIDHARAN NAMBIAR, JUDGE Okb/-