IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 1160 of 2006 ------------------------- CRIME NO. 387/2004 OF S.H.O. CHAKKARAKKAL POLICE STATION PETITIONERS: --------------- 1. M. RAMACHANDRAN, S/O. GOPALAKURUP, GREAT AUTO LAND, TELLICHERRY. 2. BABY SUCHITHRAKUMAR, S/O. SUKUMARAN, SWARAJ NIVAS, MELE CHOVVA, ELAYAVOOR AMSOM, KANNUR DISTRICT. 3. SHAJI PALATHIL, S/O. KARUNAKARAN, KARUNA, KAVUMBHAGAM, KOLASSERY, THIRUVANGAD AMSOM, TELLICHERRY. 4. SUSHANTH. N., S/O. SREEDHARAN, SUSHALAYAM, PATTIAM AMSOM, PATHAYAKUNNU, KANNUR DISTRICT. 5. ULLASAN. V., S/O. BALAN, LEELA NIVAS, ATHIRAKAM KOLONY, ELAYAVOOR AMSOM, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: /COMPLAINANT & DE FACTO COMPLAINANT: --------------- 1. STATE, REPRESENTED BY S.H.O. CHAKKARAKKAL POLICE STATION, (CRIME NO.387/2004), REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AJESH. T., S/O. BALAN, THAYYULLATHIL HOUSE, P.O. PERINGATHOOR, VIA.THALASSERY, KANNUR DISTRICT. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 1731/2006 IN CRL.M.C. 1160/2006 DISMISSED. 9-12-2008 SD/- M.C. HARI RANI, JUDGE TRUE COPY P.S. TO JUDGE M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1160 of 2006 ======================== Dated this the 9th December 2008 ORDER Petitioners 1 to 5 in this petition are accused Nos.1 to 5 in C.C.No.178/2005 on the file of the Chief Judicial Magistrate Court, Tellicherry. Annexure-II charge sheet was filed against petitioners 1 to 5 herein for the offence punishable under Sections 120(B), 394 and 414 of the Indian Penal Code. 2. The case of the petitioners is that the first petitioner was the power of attorney holder of the financier,Arihant Finance and was working as the agent of the financing company. The vehicle KL-13-J/6872 autorikshaw was dispossessed on 12-11-2004 for the non-payment of the hire purchase dues by the second respondent under the Hire purchase agreement. The prayer in this petition filed under Section 482 of the Code of Criminal Procedure is to quash Annexure-2 charge sheet filed against the petitioners. CRMC.1160/2006 -2- 3. Heard the learned counsel appearing for the petitioners. It is submitted by the learned counsel that the petitioners being the financiers, no offence is involved in dispossession of the vehicle from the hirer for the non-payment of the hire purchase dues. The hire purchase agreement is not produced. So, the terms and conditions of the said agreement and the obligations in the agreement etc. cannot be verified and the same is the duty of the trial judge. This Court cannot enter into a finding on those facts by invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Therefore, I find no merit in this petition. The Crl.M.C. is dismissed. M.C. HARI RANI JUDGE ks.