IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4443 of 2010() ------------------------------------ CRMP.1352/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE. CRIME NO.219/09 OF KASABA POLICE STATION, KOZHIKODE. .................... PETITIONER(S): ACCUSED ------------------------------------- K.G.ANANTHAKRISHNAN,S/O.GANAPATHI, RESIDING AT 19/1048,SWEET HOME TALI, CHALAPPURAM.P.O,CALICUT-2. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH SMT.RESMI NANDANAN RESPONDENT(S): RESPONDENT & STATE ------------------------------------------------------------- 1. THE STATION HOUSE OFFICER,KASABA POLICE STATION,KOZHIKODE-673002. 2. THE COMMISSIONER OF POLICE, KOZHIKODE-673 004. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID/EOW,KOZHIKODE-673 002. 4. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.31. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4443 OF 2010 --------------------------------------------- Dated 3rd December, 2010 O R D E R Petitioner filed Annexure-A1 petition (Crl.M.P.1352/2010) in crime No.412/2009 of Kasaba Police Station which was transferred and renumbered as CBCID Cr.No.219/CR/KKD/09, before Chief Judicial Magistrate, Kozhikode. By Annexure-A3 order learned Chief Judicial Magistrate dismissed the petition. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A3 order shows that Crmc 4443/10 2 Chief Judicial Magistrate has not considered the contentions raised by the petitioner in Annexure-A1 petition. True, amounts in the bank deposit, could be freezed under Section 102 of Code of Criminal Procedure. As held by the Apex Court in State of Maharashtra v. Tapas.D.Nego (1999 Crl.L.J 4305) money in bank deposit could be treated as movable property. At the same time when there is a freezing as provided under Section 102 of Code of Criminal Procedure investigating officer has to comply with the mandatory provisions provided under Section 102 of Code of Criminal Procedure. Sub Section 3 of Section 102 of Code of Criminal Procedure provides that every police officer acting under sub section 1, shall forthwith report the seizure to the Magistrate having jurisdiction at the place where the property is seized. Case of the petitioner is that no such report was Crmc 4443/10 3 submitted either forthwith or till the impugned order was passed. Unfortunately, this aspect was not considered by the learned Magistrate. Petitioner has also a case that the amount now deposited are the amount received by the petitioner under insurance policy. This aspect was not brought to the notice of the learned Magistrate. In such circumstances, Annexure-A3 order is quashed. Chief Judicial Magistrate, Kozhikode is directed to consider Crl.M.P.1352/2010 afresh in accordance with law. Petition is allowed. Annexure-A3 order is set aside. Crl.M.P.1352/2010 is remitted to Chief Judicial Magistrate, Kozhikode for fresh disposal in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.