VISHNU.M Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 12th day of October, 2022 The petitioner is the son of the accused in S.T. No.91/2008 on the file of the Chief Judicial Magistrate's Court, Kottayam. The grievance of the petitioner is that, the proceedings against his father were transferred to Long Pending Register as L.P. No.82/2019 by the Chief Judicial Magistrate's Court, Kottayam and consequently the property having an extent of 4.04 Ares comprised in Re.Sy. No.374/12-3 situated in Nooranad Village was happened to be attached. After the death of his father when he approached the revenue authorities, he came to know about it. Accordingly, he submitted Crl.M.P. No.817/2022 before the Chief Judicial Magistrate's Court, Kottayam seeking for release of the property from attachment. He also produced the death certificate of his father to show that he is no more. However, the learned Magistrate dismissed the aforesaid application as per AnnexureA3 order. This Crl.M.C. is filed challenging the aforesaid order.

(2.) Heard Sri. M.R. Sarin, the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.

(3.) The specific contention put forward by the learned counsel for the petitioner is that, neither the petitioner nor his father were aware of the proceedings pending before the Chief Judicial Magistrate's Court and no summons was ever received by them. As far as the reasons stated by the learned Magistrate while rejecting the application submitted by the petitioner is concerned, it is pointed out that, the said dismissal was only because of the reason that, the application seeking for release of the property was submitted after the period of two years. Therefore, it was found that the same cannot be entertained by virtue of the stipulation contained in sub Sec. 3 of Sec. 85 of the Cr.P.C.