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2016 Supreme(Online)(KER) 43397

HIGH COURT OF KERALA
B.KEMAL PASHA, J
ARSHAD P K – Appellant
Versus
SHOSHAMMA SHAJI    Advocate - T P PRADEEP, ,T P PRADEEP,P K SATHEES KUMAR – Respondent


O R D E R

~ ~ ~ ~ ~ ~

Annexure-6 order passed by the court below under Section 451 Cr.P.C. is under challenge. The subject matter of the case is a Maruti WagonR car bearing registration No.KL-27B-2047. The said car is the subject matter in Crime No.1471/2015 of Pulikeezhu Police Station. Through Annexure-6 order, the court below has ordered the release of the car to the interim custody of the 1st respondent, who is the de facto complainant, under Section 451 Cr.P.C. The petitioner herein is the present registered owner of the car as per records.

2. The accused in the aforesaid crime is one Alan Philip, who is none other than the nephew of the husband of the 1st respondent herein. The husband of the 1st respondent, who was the original RC owner of the vehicle, is abroad. The 1st respondent has filed Crl.M.P. No.11498/2015 before the court below seeking the interim custody of the vehicle under Section 451 Cr.P.C., on the strength of the Power of Attorney executed by her husband in her favour. The present petitioner also had filed Crl.M.P. No.11665/2015 before the court below seeking the interim custody of the car. The said petition filed by the petitioner herein was dismissed by the co

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