SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This suo motu proceedings was initiated to resolve the deadlock in C.C.No.368 of 2009 on the files of the Chief Judicial Magistrate's Court, Kozhikode, consequent upon the missing of the material objects seized in Crime No.66 of 2000 of Kasaba Police Station, Kozhikode, and produced in Court. The essential facts are as under; Crime No.66 of 2000 was registered at the Kasaba Police Station against ten persons alleging commission of offences under Ss. 467, 468, 471, 120-B and 420 r/w 34 of IPC. The prosecution allegation is that the accused, in furtherance of their common intention, created false documents and articles like stamp paper, official seals etc; for the purpose of forging documents and using the same in order to obtain unlawful financial gain by deceitful and fraudulent means. During the course of investigation, a large number of articles were seized from the possession of the accused and produced in court under three separate lists. These material objects were received and entered in the Property Register (PR No.19/00) of the court. Later, some of those properties were forwarded to the Judicial First Class Magistrate Court-VI, Kozhikode, for the purpose of conducting the trial in C.C.No.279 of 2004 of that court. Thereafter, the trial in C.C.No.279 of 2004 was conducted and the case disposed of by judgment dtd. 3/1/2006. The investigation in Crime No.66 of 2000 was completed thereafter and the final report filed before the CJM Court on 23/10/2009. Thereupon, cognizance of the offences was taken and the case numbered as C.C.No.368 of 2009. For the purpose of conducting trial in C.C.No.368 of 2009, the properties forwarded to the court of the JFCM-VI, Kozhikode were re- called. It was then informed that some of the properties were missing from that court and could not be traced out despite strenuous efforts. Subsequently, departmental proceedings were initiated against the persons responsible for the safe keeping of the properties and punishment was imposed on one staff member. Even though the missing articles are of relevance in the evidence to be adduced by the prosecution and it may impact the prosecution case itself, insofar as the articles are irrecoverably lost and cannot be reconstructed, the learned Chief Judicial Magistrate addressed this court seeking permission to proceed with the trial in C.C.No.368 of 2009 with the available materials.

(2.) Apart from the question whether permission for proceeding with the trial of C.C.No.368 of 2009 with the available materials can be granted, the more pressing requirement is as to avoid such situations in future.

(3.) As of now, Rule 184 of the Criminal Rules of Practice prescribes the manner in which Property Registers are to be maintained in courts. For convenience and ease of reference, Rule 184 is extracted hereunder;