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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NARGEES – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. assessment of ownership and vehicle custody. (Para 2 , 3 , 4 , 5) |
| 2. role of evidence and alleged coercion in vehicle transfer. (Para 6 , 7) |
| 3. deciding on custody based on pending forensic results. (Para 9) |
| 4. final ruling affirming lower court's orders. (Para 10) |
COMMON ORDER
As these Criminal Miscellaneous Cases are filed challenging the common order passed by the Court of the Judicial First Class Magistrate, Kalamassery (‘Trial Court’, for brevity), dismissing the application filed by the petitioner and allowing the application filed by the counter petitioner, they are consolidated, jointly heard, and being disposed of by this common order.
2. The petitioner claims to be the registered owner of a car bearing registration No. KL-01-CF-9798, which is involved in Crime No. 179/2020, registered by the Kalamassery Police Station, Ernakulam District, alleging the commission of the offences under Sections 323 and
392 read with Section 34 of the Indian Penal Code .
3. Claiming the interim custody of the vehicle, the petitioner – registered owner – filed CMP.No.805/2020 and the third respondent filed CMP. No. 814/2020.
4. The crux of the prosecution allegation, which led
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