T.S. ABDUL SALEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these cases touch upon C.C.No 1098\99 pending before the Judicial First Class Magistrate's Court - 1, Muvattupuzha. In Crl.M.C.No.292\2000, the challenge is with regard to the denial of interim custody of a Tata Benz vehicle, alleged theft of which is the subject matter of the said C.C.No. 1098/99. The prayer in Crl.M.C.No.5420\99 is to quash the proceedings in the aforesaid criminal case.

(2.) The petitioners in Crl.M.C.No.5420X99 are the accused in the said C.C.No. 1098/99. They are the holders of Power - of - Attorney of M/s. M.K. Credit Corporation which is a hire purchase company. The additional 2nd respondent, who was the hirer of the goods vehicle (Tata Benz - bearing registration No.KEF 3090) reported theft of the said vehicle and it was based thereon that C.C.No. 1098/99 was filed.

(3.) The learned counsel for the petitioners submits that there is no question of any theft and that what was done was only repossession of the vehicle in exercise of the right of the hire, purchase company pursuant to the agreement . admittedly executed by the 2nd respondent. It is contended that the initiation of criminal proceedings against the Power - of - Attorney holders of the owner of the vehicle works out a miscarriage of justice and that the continuance of the criminal proceedings is totally unjustified.