High Court of KeralaCrl.Rev.Pet/534/2015dismissed

M/S.Dhanlaxmi Bank Limited v. State Of Kerala

2015-09-11Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Crl.Rev.Pet.No. 534 of 2015 () ------------------------------- AGAINST COMMON ORDER IN CMP NO.989/15 AND 1093/15 IN CRIME NO.194/15 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM REVISION PETITIONER/CLAIM PETITIONER IN MP NO 989/2015: -------------------------------------------------------- M/S.DHANLAXMI BANK LIMITED REGIONAL OFFICE, DHANLAXMI BUILDING, FIRST FLOOR,POOMKUNNAM, THRISSUR 680002 REPRESENTED BY THE ASSISTANT GENERAL MANAGER & AUTHORISED OFFICER REGIONAL OFFICE, ERNAKULAM 682031 GAMAL M, AGED 57 YEARS S/O. K.V.K.MOOSA BY ADVS.M/S.VARGHESE & JACOB SRI.P.JACOB VARGHESE (SR.) SRI.VIVEK VARGHESE P.J., SC, DHANLAXMI BANK RESPONDENTS/COUNTER PETITIONER IN CMP 989/2015: -----------------------------------------------

1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KADAVANTHARA POLICE STATION, KADAVANTHRA KOCHI-682020 REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031

2. SRIKUMAR K.J S/O. JANARDHANAN, KURUVATH HOUSE, MUPLIYAM POST THRISSUR 680312 R2 BY ADV. SRI.THOMAS J.ANAKKALLUNKAL R1 BY PUBLIC PROSECUTOR SRI. R.GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL.RP 534 OF 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A : COPY OF THE AGREEMENT FOR VEHICLE LOAN DATED 05.04.2013 BETWEEN PETITIONER AND 2ND RESPONDENT.

ANNEXURE B : COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL-45-J-8888.

ANNEXURE C : COPY OF DEMAND NOTICE NO.RO/TCR/16/2014-15 DT.21.07.2014 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

ANNEXURE D : COPY OF THE PETITION CMP.NO.1387/15 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

ANNEXURE E : COPY OF THE PETITION CMP NO.989/2015 FILED BEFORE CHIEF JUDICIAL MAGISTRATE KADAVANTHRA POLICE STATION. ANNEXURE F : CERTIFIED COPY OF THE COMMON ORDER DATED 22.04.2015 IN CMP.NO.989/2015 AND CMP.NO.1093/2015 OF CHIEF JUDICIAL MAGISTRATE ERNAKULAM RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A.TO JUDGE sm

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.534 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of September, 2015

ORDER

When this matter has been taken up, the learned counsel for the revision petitioner has prayed for granting permission to withdraw this revision petition as it is not maintainable.

2. Heard both sides.

3. In this revision petition, the petitioner challenges the order passed by the court below under Section 451 Cr.P.C releasing the vehicle to the interim custody of the 2nd respondent. The said order is purely an inter locutery order. Therefore, there is bar under Section 397 (2) Cr.P.C in entertaining this revision petition. In the said circumstances, this revision petition stands dismissed as not maintainable. However, it is directed that the vehicle involved in this revision petition shall not be released for 10 days from today to enable the revision petitioner to seek appropriate remedy available under law.

Sd/- B.SUDHEENDRA KUMAR JUDGE sm/