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1985 Supreme(Ker) 79

S.PADMANABHAN
V. Parakashan – Appellant
Versus
K. P. Pankajakshan – Respondent


Judgment :-

Petitioner is the registered owner of Bus No. KLN 97 plying between Tellicherry and Chendayad. Route permit is also in his name. The bus got involved in Crime No. 351 of 1984 of the Tellicherry Police Station. First respondent was the accused therein and the case was registered at the instance of the petitioner. The allegation was that the first respondent drove bus KLN 97 rashly in order to dash it against the petitioner's car in an attempt to murder him. The bus was seized by the police and produced before Court. Both the petitioner and the first respondent applied, under S. 451 of the Criminal P.C., for interim custody of the bus. The Magistrate rejected both the applications on the ground that the Sessions Judge alone could order release of the bus inasmuch as the case is exclusively triable by the Court of Session. Both of them applied before the Sessions Judge, Tellicherry. The Sessions Judge ordered interim custody of the bus to be given to the first respondent. The petitioner filed Cri.M.C. No. 853/84 before this Court. The order of the Sessions Judge was quashed, holding that the Sessions Judge had no jurisdiction. The Magistrate was directed to consider the ap
























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