Citation : 2023 Latest Caselaw 6605 Ker
Judgement Date : 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
CRL.MC NO. 4129 OF 2023
CRIME NO.473/2022 OF Thrikkakara Police Station, Ernakulam
CRMP 1223/2023 OF JMFC, KAKKANAD (TEMPORARY), ERNAKULAM
PETITIONER:
SHAHUL HAMEED, AGED 56 YEARS S/O. HASSAN, VALIYAVEETTIL HOUSE,
MANGATTU KAVALA, THODUPUZHA EAST P.O. IDUKKI DISTRICT, PIN - 685585
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
This Criminal misc. case coming on for orders upon perusing the
application and this Court's order dated 30.05.2023 in crl M.C.4129/2023
and upon hearing the arguments of PAUL K.VARGHESE, Advocates for the
petitioner, the Public Prosecutor for the respondent, the court passed the
following:
RAJA VIJAYARAGHAVAN V, J.
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Crl.M.C No.4129 of 2023
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Dated this the 13th day of June, 2023
ORDER
The learned Public Prosecutor shall get instructions and submit before
this Court the time frame in which the investigation in Crime No.473 of 2022
can be completed.
It is submitted by Sri.Paul K Varghese, the learned Counsel appearing
for the petitioner that the petitioner is facing an acute financial crisis and he
needs to marry off his daughter, for which purpose he requires to expeditiously
dispose of the vehicle. Reliance is also placed on the judgment of the Apex
Court in Sunderbhai Ambalal Desai v. State of Gujarat [2022 (10) SCC
283] and also that of the learned Single Judge of this Court in Nagarajan v.
State of Kerala [2019 (4) KLT 641] and it is submitted that there cannot be
any impediment in selling the vehicle, by imposing appropriate conditions.
The learned public prosecutor seeks an adjournment.
Post on 19.06.2023.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE SMA
13-06-2023 /True Copy/ Assistant Registrar
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