IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.MC.No. 622 of 2009() --------------------------------- CRMP.4677/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR .................... PETITIONER(S): PETITIONER ------------------- SINDHU, W/O.SUVARNAKUMAR, SURYA BHAVAN, EDAPPALAYAM, KAZHUTHURUTTY, ARYANKAVU VILLAGE, KOLLAM DISTRICT. BY ADVS. MR.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENT(S): RESPONDENTS/ ACCUSED ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. SUVARNAKUMAR, SURYA BHAVAN, EDAPPALAYAM, KAZHUTHURUTTU, ARYANKAVU VILLAGE, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. 839/2009 IN CRMC. NO.622/2009 Dismissed 11.02.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 622 OF 2009 --------------------------------- Dated this the 11th day of February, 2009 O R D E R This petition is filed to quash Annexure D order and to direct the Judicial First Class Magistrate Court II (Forest Offences) Punalur to re-consider Annexure B application afresh. By Annexure D order, the learned Magistrate had dismissed the application filed by the petitioner herein. The husband of the petitioner is the accused in L.P.No. 47/2007. Steps under Section 83 and 84 of the Criminal Procedure Code was initiated and the property has been attached. It is to raise attachment over that property an application has been filed by the wife. Even according to the wife she is only having half right over the property as it jointly belongs to her and her husband. When attachment is done with respect to such type of property, only the right of the husband in that property is liable to be sold. Therefore even if the entire property is sold only the half right in the property which belongs to the husband alone can be sold and that will be the right which the purchaser will get. Thereafter the Crl.M.C.No. 622/2009 -2- procedure is at the most to get a symbolic delivery of the property and then suit for partition to get it separated by metes and bounds. For the property there cannot be a fractional attachment of the property but sale will relate to fractional share of the property. With these observations the Crl.M.C is disposed of. M.N. KRISHNAN,JUDGE vkm