Kerala High Court
Ushakumary vs State Of Kerala on 30 October, 2024
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 5639 OF 2018 2024:KER:81025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.MC NO. 5639 OF 2018
CRIME NO.1843/2015 OF Kollam East Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.16078 OF
2015 OF SUB.DVL.MAGISTRATE,KOLLAM
PETITIONER:
USHAKUMARY
AGED 50 YEARS
D/O.SARASAMMA,ADARSH BHAVAN, CHOONDUMUKAL, AYOOR,
EDAMULACKAL VILLAGE, PUNALUR,, PIN - 691533
BY ADVS.
SUNIL J.CHAKKALACKAL
V. DEEPA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE, EAST,
POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE
STATION
KOLLAM
3 DEPARTMENT OF INCOME TAXES
REPRESENTED BY THE JOINT COMMISSIONER OF INCOME
TAXES, SREENEELAPADMAM, PARAMESWARA NAGAR, KOLLAM.
CRL.MC NO. 5639 OF 2018 2024:KER:81025
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4 DIRECTORATE OF ENFORCEMENT
REPRESENTED BY THE JOINT DIRECTOR, ZONAL OFFICE,
MULLASSERI WEST CANAL ROAD, KOCHI 682 011. (ADDL R3
AMD R4 ARE IMLEADED AS PER ORDER DATED 13.09.2018
IN CRL.MA.1/2018)
BY ADVS.
PUBLIC PROSECUTOR
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
JAISHANKAR V. NAIR
SRI.RENJITH.T.R, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL
HEARING ON 30.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 5639 OF 2018 2024:KER:81025
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P. V. KUNHIKRISHNAN, J.
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Crl.M.C.No.5639 of 2018
-------------------------------------------
Dated this the 30th day of October, 2024
ORDER
When this Criminal Miscellaneous Case came up for
consideration on 18.10.2024, there was no representation.
Therefore, this case was listed today, and today also there is
no representation.
2. This Crl.M.C. is filed with following prayers:
"i) To quash Annexure-B order on the file of
the Sub Divisional Magistrate;s Court, Kollam in
exercise of extra ordinary inherent jurisdiction.
ii) To direct the Sub Divisional Magistrate's
Court, Kollam, to release the amount of Rs.9,00,000/-
(Rupees nine lakhs only) which was remitted with the
State treasury under the head 8443-00-101-RD.
iii) such other reliefs that this Hon'ble Court
may deem fit and proper in the nature and
circumstance of the case."[SIC]
3. The learned Public Prosecutor submitted that
the seized amount is already deposited in the treasury, and
seizure of the amount is also informed to the income tax
CRL.MC NO. 5639 OF 2018 2024:KER:81025
department.
4. I am of the considered opinion that this
Crl.M.C. need not be retained here. If there is any surviving
grievance to the petitioner, the petitioner can do the needful
in accordance with law. If there is any fresh cause of action
after adjudication by the competent authority, the petitioner
can do the needful in accordance with law.
With the above observation, this Criminal
Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
NM
CRL.MC NO. 5639 OF 2018 2024:KER:81025
APPENDIX OF CRL.MC.No. 5639/2018
PETITIONER'S ANNEXURES
ANNEXURE A A TRUE COPY OF THE SAID APPLICATION DATED
27.05.2016
ANNEXURE B A TRUE COPY OF THE SAID PROCEEDINGS NO.1
16078/15 ON THE FILE OF THE SUB
DIVISIONAL MAGISTRATE'S COURT, KOLLAM
