ABDUL KARIM Vs. PRAKASH

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment of the High Court of Kerala holding the appellants guilty of contempt of Court.

(2.) S. Abdul Karim, the appellant in Criminal Appeal 118 of 1971, was at the material time, a Munsiff-Magistrate posted at Perambra. He was Respondent No. 3 in the contempt petition filed in the High Court and will hereafter be referred to as R. 3

(3.) THE Sub-Inspector in-charge of the Police Station, went to the spot and took into possession the disputed timber comprising of 587 logs and entrusted the same on a kychit to two strangers. On April 22, 1969,'p' made an application, Ex. P-3, before the Magistrate (R-3) praying that the seized logs be handed over to him. THEreafter. 'p' also made an application to the Magistrate claiming the timber to be his property and prayed for delivery of its possession to him. THE Magistrate thereupon issued notice to the Police who made a report. After hearing the Counsel of the rival claimants and perusing the Police report (Ex. P-17) and other materials, the Magistrate on April 28,1969, passed an order, directing the Forest Range Officer to keep the logs in his custody pending further investigation by the police. Against this order, 'p' filed Cr. Revision Petition no. 176 of 1969 in the High Court. No interim order directing the Magistrate to stay further proceedings or defer further action regarding the delivery of the disputed timber was issued by the High court.