IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 3545 of 2008() ------------------------- CMP.379/2008 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER(S): ------------------------ FR.KURIAN VALIYAMANGALAM, S/O.KURIAN, VALIYAMANGALAM VEEDU, THALAPPALAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SUBASH GEORGE, VALIYAMANGALATH VEEDU, THALAPPALAM VILLAGE, KALATHUKADAVU PO., KOTTAYAM DISTRICT. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): --------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA, KOTTAYAM. *ADDL.R2 TO R5 ARE IMPLEADED: R2. GEO, S/O.THOMAS, ADHIKARATHU HOUSE, MAVADI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. R3. TRESSIAMMA, W/O.THOMAS, ADHIKARATHU HOUSE, MAVADI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. R4. SHAIMI, D/O.THOMAS, ADHIKARATHU HOUSE, MAVADI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. R5. ZEBIN, S/O.THOMAS, ADHIKARATHU HOUSE, MAVADI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. (*ADDL.R2 TO R5 ARE IMPLEADED AS PER ORDER DTD. 6/10/2008 IN CRL.M.A.NO.5089/2008) BY PUBLIC PROSECUTOR SRI. S.U.NAZAR- R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3545 of 2008 ------------------------------------- Dated this the 1st day of December, 2008 ORDER Petitioner faced allegations in a crime - Crime No.276 of 2003, of Erattupetta Police Station. The crime was registered on the basis of the information furnished by the defacto complainant. The defacto complainant/informant is no more now and respondents 2 to 5 are the legal heirs of the deceased defacto complainant/incumbent. The dispute was about a teak tree which allegedly stood in the boundary separating the property of the defacto complainant and the petitioner herein. The said teak tree was allegedly cut down by the petitioner. Teak logs were seized by the police. They were produced before the Magistrate. They were sold in auction. The proceeds were retained in court deposit. An application was filed by the petitioner for release of the amount. That petition was rejected with the observation that parties can go to the civil court and get orders about their rights in respect of the property. The civil suit was actually filed by the defacto complainant. But that ended in dismissal for default. Crl.M.C. No.3545 of 2008 2 2. Investigation is now complete. Final report has already been filed. It is a negative final report. No offence is alleged to have been committed in respect of the logs which were seized and sold. 3. According to the petitioner, in these circumstances the petitioner is entitled for release of the sale proceeds which is available in court, such proceeds having been realised from teak logs seized from the possession of the petitioner. 4. As it was reported that the defacto complainant/informant is dead, the legal heirs of the deceased defacto complainant were directed to be impleaded as additional respondents. Additional respondents 2 to 5 have been impleaded. They have been served. There is no appearance for respondents 2 to 5. 5. The learned counsel for the petitioner, in these circumstances, prays that the sale proceeds may now be released to the petitioner. He is the person most entitled for release of such amounts as it was from his possession that the teak trees were seized. There is no other claimant also for the timber logs or other sale proceeds. Crl.M.C. No.3545 of 2008 3 6. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor accepts that the petitioner is the person entitled for release of the amounts now and the State has no objection against release of the sale proceeds to the petitioner herein. 7. In the result: a) This Crl.M.C is allowed; b) The sale proceeds of the teak timber logs allegedly seized from the possession of the petitioner and which is retained in court deposit shall forthwith be released to the petitioner herein. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.3545 of 2008 4 R.BASANT, J ------------------------------------ Crl.M.C. No.3545 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER Heard. Admitted. The learned counsel for the petitioner shall take steps to array the rival claimant as an additional Crl.M.C. No.3545 of 2008 5 respondent. If the petition is filed, issue notice to the additional respondent also. 2. Notice given. The learned Public Prosecutor prays for time to take instructions. At what stage is the investigation ? Specific instructions shall be taken on that aspect. 3. Call on 06.10.08. (R.BASANT, JUDGE) rtr/-