O R D E R

The petitioners are the accused in Crime No. 165/2018 of Feroke Police Station registered alleging offences punishable under Sec. 379 r/2 Sec 34 IPC . The prosecution allegation is that the accused had stolen car bearing registration No. KL 10/AR 4992 and the household articles along with Rs. 85,000/- on 17.04.2018 at about 6.30 pm and thus committed the offences. Annexure A is the FIR and Annexure B is the final report. In Annexure B final report, the Police concluded that the car was taken possession of by the financiers that there was default in making repayment to the loan account and it is precisely with that allegation, the charge sheet was laid. Upon receipt of Annexure-B final report, the case was originally taken on file by the Judicial First Class Magistrate Court – V, Kozhikode as CC No. 129/2020 and the same was made over to the Judicial First Class Magistrate Court-VI, Kozhikode subsequently and re-filed as CC No. 22/2022. It is submitted that Annexure C is the hire purchase agreement with respect to the vehicle in dispute. The case of the petitioners is that even if the entire allegations in Annexure-B are accepted, no offence under Sec. 379 r/w Sec. 34 i