VIJAYAGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the second accused in C.C.No.70/2011 on the files of CJM Court, Palakkad, who was prosecuted by Deputy Superintendent of Police, CBCID, Palakkad, for offences punishable under Sections 457, 380, 406 read with Section 34 IPC.

(2.) He sought to be discharged of the offences before CJM Court, Palakkad, which was refused by an order dated 6.11.2014. Though the said order was challenged in Crl.R.P.No.48/2014, it was not interfered with. Thus challenging the concurrent orders passed dismissing C.M.P.No.5012/2012 filed under Section 239 of the Cr.P.C. for discharge, this Crl.M.C. is filed for their quashment invoking Section 482 of Cr.P.C.

(3.) The prosecution case is that 1st accused is the proprietor of Neelima Palakkad Oil Mill Private Ltd. situated in Yakkara Village, Palakkad. He availed huge amount of loan from KSIDC, the 6th respondent and when he defaulted repayment, the plants and machineries owned by him were attached by Village Officer, Yakkara, on 26.5.2003 invoking provisions under the Revenue Recovery Act . It is stated that the attached properties were entrusted with the second accused on the same day itself. The allegation against the petitioner, who is the second respondent, is that while the order of attachment was in force, he colluding with the first accused trespassed into the premises where the properties were kept under lock and committed theft of the articles worth Rs.10 lakhs and committed offences in question.