IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Crl.MC.No. 3796 of 2010(B) -------------------------------------- (CRIME NO.117/2010 OF THE KALIKAVU POLICE STATION, MALAPPURAM DISTRICT) .................. PETITIONER: ------------------- JUSHINA.K.P., D/O. HUSSAIN, KIZHAKKEPARAMBAN HOUSE, WANDOOR,PULLUPARAMBU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, WANDOOR, MALAPPURAM DISTRICT. 2. THE BRANCH MANAGER, THE NILAMBUR CO-OPERATIVE URBAN BANK LTD., EVENING BRANCH, WANDOOR, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3796 OF 2010 =========================== Dated this the 24th day of September,2010 ORDER By Annexure F communication Manager, Nilambur Co-operative Urban Bank Ltd intimated petitioner that Circle Inspector of Police, Wandoor had temporarily restrained the operation of transactions in respect of the fixed deposit receipt Nos.3568, 3569, 3570, 3571 and 3572 in the name of the petitioner, in Crime No.117/2010 of Kalikavu Police Station. Petitioner on receipt of Annexure F communication sent Annexure G notice seeking the Circle Inspector to lift the restriction imposed on operating the account. As no action was taken, this petition is filed under section 482 of the Code of Criminal Procedure to direct the respondents not to initiate any proceedings in respect of Fixed Deposit receipts in the Crl.M.C.3796/2010 2 name of the petitioner and to allow her to withdraw the amount. 2. Crime No.117/2010 of Kalikavu Police Station was registered based on Annexure A complaint filed by the husband of the petitioner before Judicial First Class Magistrate’s Court-I, Manjeri and sent for investigation under section 156(3) of Code of Criminal Procedure alleging that the accused in that case committed offences under sections 406, 452 and 380 read with section 34 of Indian Penal Code. Petitioner is not implicated as an accused in Annexure A complaint. The allegation in Annexure A complaint with regard to the fixed deposit receipts in the name of the petitioner is that petitioner had kept the Fixed Deposit receipts for Rs. 5 lakhs namely five receipts as well as the insurance bond for Rs.1 lakh obtained by the complainant in the name of his wife and kept in the brief-case which was allegedly stolen in the absence of the petitioner on 24.4.2010 at about 10 a.m by the accused therein. The allegations in Crl.M.C.3796/2010 3 Annexure A itself shows that the Fixed Deposit receipts are in the name of the petitioner. When petitioner is not an accused and she is the depositor as per the Fixed Deposit receipts, the Circle Inspector of Police is not entitled to restrain the operation of the said account as has been done by him. If the case of the husband of the petitioner is that those deposits were made by him in the name of his wife and the wife has no right over the same, it is up to him to approach the civil court to establish his right. Petition is allowed. Circle Inspector of Police, Kalikavu Police Station is directed not to restrain the second respondent from permitting the petitioner to operate the fixed deposit receipts standing in the name of the petitioner. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006