ABDUL KHADAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure - A2 order, by which the Court below has dismissed CMP No. 1656/2013 filed by the petitioner in CP No. 11/2006, seeking the release of his property from the attachment effected under S.83 CrPC, is under challenge.

(2.) The petitioner is the 2nd accused in Crime No. 237/1992 of the Tanur Police Station. The final report was filed in the matter, for the offences under S.143, S.147, S.148, S.395, S.450, S.427 and S.295A read with S.149 IPC and S.3(I)(xv) and S.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The final report was taken on file by the Judicial First Class Magistrate's Court - I, Parappanangadi as CP No. 11/2006. As the petitioner was not available, coercive steps were taken by the Court below for procuring his presence. As his presence could not be procured, steps under S.82 and S.83 CrPC were initiated. A proclamation was issued under S.82 CrPC. Finally, an order of attachment of his property was issued by the Court below under S.82 CrPC, on 05/04/2006. Consequently, the property of the petitioner was attached.