IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 4226 of 2005() ------------------------- CMP.2922/2005 IN CRIME NO.663/2005 OF JUDICIAL MAGISTATE OF FIRST CLASS, CHANGANACHERRY ----- PETITIONER ------------------ PRATHIPAL.M.P, PULIMOOTTIL HOUSE, KIZHAKKENADA, CHANGANNOOR. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT/CR.PETITIONER AND PETITIONER ----------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, ALONG WITH CRL.MC. NO.4227/2005 & CRL.MC. NO.4228/2005 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. -------------------------------------------------------------- Crl.M.C.Nos.4226, 4227 and 4228 of 2005 ------------------------------------------------------- Dated this 09th day of June, 2011 ORDER These criminal miscellaneous cases filed under Sec.482 of the Code of Criminal Procedure are in challenge of orders passed by learned Judicial First Class Magistrate, Changanassery on C.M.P.No.2922 of 2005 (in Crime No.663 of 2005 of Changanassery Police Station), C.M.P.No.2924 of 2005 (in Crime No.664 of 2005 of Changanassery Police Station) and C.M.P.No.2918 of 2005 (in Crime No.467 of 2004 of Chingavanam Police Station). Petitioner is an accused in the cases referred above involving theft of ornaments. According to the petitioner, the Circle Inspector, Changanassery forcibly collected gold ornaments from his jewelery shop. Petitioner filed the above said C.M.Ps before learned Magistrate to appoint an Advocate Commissioner to identify the ornaments (allegedly seized from him by the Circle Inspector) contending that the same have been mixed up with other ornaments involved in the case and hence for identification of the ornaments seized from the petitioner such a course is necessary. Learned Magistrate dismissed the petitions observing that the question of identity of Crl.M.C.Nos.4226, 4227 and 4228 of 2005 -: 2 :- the ornaments would arise only at the stage of evidence. Those orders are under challenge. 2. Since criminal miscellaneous cases were filed in the year 2005 and the same are coming up for hearing after about six years, I called for information from the learned Judicial First Class Magistrate, Changanassery through the Registrar (Judicial) as to the present stage of the cases. The Registrar (Judicial) contacted the learned Judicial First Class Magistrate, Changanassery. The Junior Superintendent after verification informed that Crime Nos.663 of 2005 and 664 of 2005 of Changanassery Police Station were transferred to Thiruvalla Police Station where the same were renumbered as Crime Nos.396 of 2005 and 702 of 2005. Learned Judicial First Class Magistrate, Thiruvalla took cognizance of the offence in the above crime cases and filed C.C.No.459 of 2006 and 460 of 2009. In those cases the first accused was convicted and cases against other accused has been refiled as C.C.Nos.41 of 2007 and 42 of 2000 etc, respectively. 3. Learned Judicial First Class Magistrate, Changanassery took cognizance of the offence in Crime No.467 of 2004 of Chingavanam Police Station and filed C.C.No.470 of Crl.M.C.Nos.4226, 4227 and 4228 of 2005 -: 3 :- 2006. That case was disposed of by convicting the first accused and acquitting the second and third accused (petitioner herein). 4. Since the request made is for identification of the gold ornaments allegedly seized from the petitioner from other ornaments already seized by the police and the question of identification arises as rightly pointed out by the learned Magistrate at the stage of trial, one of the cases has already been disposed of and in the two other cases case against first accused is disposed of and case against other accused has been refiled, no question of identification of ornaments through an Advocate Commissioner arose. I do not find reason to interfere with the impugned order. These criminal miscellaneous cases are dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-