ABHILA Vs. STATE OF KERALA

JUDGEMENT

(1.) Steps were initiated under Sections 82 and 83 Cr.P.C. against the accused by attaching the property having an extent of 11 cents comprised in Re-survey No.173/8 in Block-II of Pavithreswaram village. Subsequently, he surrendered before the Court and ended in acquittal after trial. It is thereafter on 13.3.2007, he passed away. The unmarried daughter of the deceased submitted a petition under Section 85 Cr.P.C. for lifting the attachment. That petition was dismissed as barred by limitation even without tracing the case records by the learned Magistrate.

(2.) The learned Judicial First Class Magistrate I, Kollam had not even traced out the case file so as to satisfy whether the accused had appeared within a period of two years from the date of attachment and enlarged on bail on his appearance, but dismissed the petition on the ground of bar of limitation.

(3.) Section 85 Cr.P.C. is extracted below for reference: