Abdul Azeez.C.M vs State Of Kerala
2021 Latest Caselaw 13763 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                        CRL.MC NO. 3674 OF 2019
    CRIME NO.1559/2014 OF PALARIVATTOM POLICE STATION, ERNAKULAM
 AGAINST THE ORDER/JUDGMENT IN CMP 31/2016 OF JUDICIAL MAGISTRATE OF
          FIRST CLASS - IX, ERNAKULAM (TEMPORARY), ERNAKULAM


PETITIONER/S:

            ABDUL AZEEZ.C.M
            AGED 45 YEARS
            S/O. MUHIYUDHEEN, 4D, ORIENTAL GARDENS,
            KARUKAPPALLY-MAMANGALAM ROAD, ELAMAKKARA P.O, ERNAKULAM.

            BY ADVS.
            SRI.VIJU ABRAHAM
            SRI.ALBERT V.JOHN




RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALARIVATTOM
            POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

     2      MAGMA FINCORP LTD
            PREVIOUSLY KNOWN AS MAGMA SHRACHI FIANCE LIMITED, HAVING
            ITS REGISTERED OFFICE AT 24 PART STREET, CALCUTTA, HAVING
            ITS BRANCH OFFICE AT JAIN TOWERS, VYTTILA, KOCHI, PIN-
            682019., REPRESENTED BY ASST. MANAGER-LEGAL, RAKESH DAWNY
            KOKKATTU.
 CRL.MC NO. 3674 OF 2019
                                      2




     3      SHIJU MATHEW,
            S/O. MATHEW, KULATHINAL, POOYAMKUTTY, KOTHAMANGALAM,
            ERNAKULAM DISTRICT, PIN-686691.

            R2 BY ADVS.
            SRI.NIRMAL. S
            SRI.K.S.DHANESH KUMAR


OTHER PRESENT:
           SRI.M.R.DHANIL, PP


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3674 OF 2019
                                    3




                             O R D E R

Dated this the 2nd day of July 2021

The petitioner is the owner of a Maruti car bearing

Reg.No.KL-07-BZ-8080, which was allegedly seized by the

respondents in connection with Crime No.1559/2014 of

Palarivattom Police Station. The vehicle was released to

the 2nd respondent by this Court vide order dated

03.07.2017 at Annexure V. Accordingly, the finance company

had taken possession of the vehicle because there was an

outstanding hire purchase loan due from the petitioner.

2. The petitioner states that subsequently the loan has

been paid off. Therefore, he approached the jurisdictional

court with an application under Section 451 of Cr.P.C. for

release of the vehicle. However, the learned Magistrate

vide impugned order at Annexure VIII dismissed the CRL.MC NO. 3674 OF 2019

application stating that vide Annexure V order this Court

had directed possession to be handed over to the 2nd

respondent herein, and therefore, the Magistrate has no

power to release the vehicle to the petitioner.

3. Notice was issued to respondents 2 and 3. Though

notice was served, the 3rd respondent did not appear. The

2nd respondent has appeared through a Counsel and has

admitted that the entire hire purchase loan due from the

petitioner has been paid and the loan has been closed.

Under the circumstances, the 2nd respondent is no longer

claiming any right over the car. In view of that

submission made by the 2nd respondent, the vehicle ought to

have been released to the petitioner as per the application

filed under Section 451 of Cr.P.C. Considering the

submission made by the learned Counsel for the 2nd

respondent, I am of the opinion that the Crl.M.C. should be

allowed and hence the Crl.M.C. is allowed and the learned

Judicial First Class Magistrate Court-IX, Ernakulam is CRL.MC NO. 3674 OF 2019

directed to release the vehicle to the petitioner under

Section 451 of Cr.P.C. on appropriate bond as may be

directed by the learned Magistrate.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 3674 OF 2019

APPENDIX OF CRL.MC 3674/2019

PETITIONER ANNEXURE

ANNEXURE I TRUE COPY OF THE R.C PARTICULARS OF THE MARUTI ALTO CAR BEARING NO.KL-07-BZ-8080.

ANNEXURE II TRUE COPY OF THE F.I.R IN CRIME NO.1559/2014 OF PALARIVATTOM POLICE STATION.

ANNEXURE III TRUE COPY OF THE C.M.P. NO.31/2016 ON THE FILE OF THE JFCM -IX COURT, ERNAKULAM.

ANNEXURE IV TRUE COPY OF THE ORDER DATED 25.01.2016 IN C.M.P NO.31/2016.

ANNEXURE V TRUE COPY OF THE ORDER DATED 03.07.2017 IN CRL.M.C. NO.4579/2016.

ANNEXURE VI TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 2ND RESPONDENT.

ANNEXURE VII TRUE COPY OF THE C.M.P.62/2019 ON THE FILE OF THE JFCM-IX, ERNAKULAM.

ANNEXURE VIII TRUE COPY OF THE ORDER DATED 19.03.2019 IN C.M.P. NO.62/2019.