IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Crl.MC.No. 303 of 2006(C) ------------------------------- CRRP.75/2004 of ADDL.SESSIONS COURT, KOZHIKODE CC.177/2004 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA (CMP. 2698/2004) .................... PETITIONER(S): REVISION PETITIONER:2ND RESPONDENT/ DEFACTO COMPLAINANT. ----------------------------------------------------------------------- C.K. RAVINDRAN, S/O. KUMARAN, CHETTIYAKANDI PURAYIL HOUSE, NARIKKUNI, NEDIYANAD AMSOM DESOM, KOZHIKODE DISTRICT. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.VIMAL KUMAR.A.V. SRI.A.S.SABU SRI.A.G.GIRISH KUMAR RESPONDENT(S):RESPONDENTS/STATE: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDULLA, S/O. MOTHI, ANAPARAKKAL HOUSE, UNNIKULAM AMSOM, KANTHAPURAM DESOM, KOZHIKODE DISTRICT. 3. MOOSA HAJI, KALATHIL VEEDU,UNNIKULAM AMSOM, KANTHAPURAM DESOM, KOZHIKODE DISTRICT. 4. MAJEED, S/O. ABDULLA,MALLIKATHADATHIL VEEDU, UNNIKULAM AMSOM, KANTHAPURAM DESOM, KOZHIKODE DISTRICT. 5. RAHEEM, S/O. MAJEED,MALLIKATHADATIL VEEDU, UNNIKULAM AMSOM, KANTHAPURAM DESOM, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.P.M.SANEER R2,R3 BY ADV. SRI.NIDHI BALACHANDRAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 303/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PERAMBRA IN CMP. NO.2698/2004 DATED 21/10/2004. ANNEXURE A2:COPY OF THE ORDER PASSED BY THE COURT OF SESSION, KOZHIKODE IN CRL.R.P.NO.75/2004 DATED 07/11/2005. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.303 of 2006 ---------------------------------------------------- Dated this the 12th day of October, 2011 Order The petitioner filed an application under Section 94 Cr.P.C. pursuant to which some articles were seized from a particular building and those properties were handed over to the petitioner by the learned Magistrate. Subsequently, the second respondent filed a petition under Section 451 Cr.P.C. in C.C.No.177/04. That petition was allowed. That order was challenged by the petitioner before the Sessions Judge. The revision petition filed by the petitioner was dismissed by the learned Sessions Judge. It is that order which is challenged in this petition. 2. The learned counsel for the petitioner submits that CC No.177/04 which was filed by the petitioner was dismissed for non-prosecution on 17.8.2005. The learned counsel for the petitioner submits that no order was passed while disposing C.C.No.177/04 as to the disposal of the property as required under Section 452 Cr.P.C. The learned counsel further submits that the respondents have not moved the learned Magistrate or Crl.M.C.303/06 2 any other court for getting back or release/custody of the properties which are now with the petitioner. In the light of that submission, this proceedings can be closed. If any of the parties wanted to have an order for final disposal of the property as required under Section 452 Cr.P.C, the parties may have to move the concerned court for that purpose. The Crl.M.C. is closed subject to the above observations. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.303/06 3