SABEENA Vs. KAHARUDEEN

JUDGEMENT

(1.) The petitioners herein are the petitioners in C.M.P. No. 9099 of 2013 in Crime No. 1315/2013 of Attingal Police Station. The 1st respondent is the husband of the 1st petitioner and the father of the 2nd petitioner. The petitioners seek to quash Annexure F common order passed by the Judicial First Class Magistrate Court-I, Attingal (for short 'the Court below') in C.M.P. No. 9098 of 2013 and 9099 of 2013, directing release of a Nippon Toyota ETIOS car bearing Registration No. KL-21-E-3625 to the petitioner in C.M.P. No. 9098 of 2013, who is the first respondent herein. The averments in the petition are to the following effect.

(2.) In the meantime, a private complaint was lodged by the 1st respondent before the Judicial First Class Magistrate Court-I, Attingal alleging forceful removal of the car from his custody by the petitioners, based on which Crime No. 1315/2013 was registered by the Attingal Police. Pursuant to that the custody of the vehicle was taken by the 2nd respondent. The 2nd petitioner was also manhandled by the Police at the behest of the 1st respondent and accordingly, complaint was lodged by the 1st petitioner before the State Police Complaints Authority and that is pending.

(3.) Pending investigation, petitions have been filed by the 2nd petitioner and the 1st respondent respectively as C.M.P Nos. 9099 of 2013 and 9098 of 2013 before the Judicial First Class Magistrate Court-I, Attingal under Section 451 Cr.P.C. seeking to get interim custody of the vehicle, the true copy of which is Annexure D appended with this petition. The report filed by the 2nd respondent in those petitions, true copy of which is appended with this petition as Annexure E.