IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4203 of 2008() ------------------------- PETITIONER(S): COMPLAINANT -------------------------- UMESH KAMATH, S/O.MURALEEDHARA KAMATH MUNJANATTU KIZHAKKETHIL, ERUVA P.O KAYAMKULAM, NOW AT THOKILANGADY, KUTHUPARAMBA PO KANNUR DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR. 3. THE SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT. 4. SREI INFRACTURE FINANCE LTD., 32/2475-A1, IST FLOOR, 'PRATHEEKSHA', PALARIVATTOM, COCHIN - 682 025, REPRESENTED BY ITS MANAGER. PUBLIC PROSECUTOR SRI. AMJAD ALI. SRI.P.K.SURESH KUMAR FOR R4 SRI.T.P.RAMACHANDRAN (THACHETH) FOR R4 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4203 of 2008 ------------------------------------------------- Dated this the 17th day of November, 2008 ORDER The petitioner has come to this Court apprehending that his vehicle may be seized contrary to the provisions of law without getting any orders from the appropriate forum. The 4th respondent from whom the apprehended action is expected has filed a statement in which in para-3 the following unequivocal submission/undertaking is made: “3. It is once again submitted that the 4th respondent will not seize the Excavator unless it obtains appropriate order from the appropriate forum. The petitioner is therefore not entitled to any reliefs in the above Crl.M.C. which is filed without any bona fides. The petitioner is liable to be directed to pay off the entire arrears of instalments during the pendency of the case.” Crl.M.C. No. 4203 of 2008 -: 2 :- 2. I accept the same. The learned counsel for the petitioner submits that in the light of the unequivocal undertaking, he does not press for any further relief in this Crl.M.C. Request accepted. This Crl.M.C. is dismissed accepting the undertaking extracted above. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge