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2017 Supreme(Online)(KER) 48044

HIGH COURT OF KERALA
K.ABRAHAM MATHEW, J
vs


Advocates:
SMT.K.DEEPA (PAYYANUR)

ORDER

Petition filed under Section 482 Cr.P.C.

2. The petitioner purchased one vehicle from the third respondent, who was its registered owner. The petitioner also obtained possession of the vehicle. It is alleged that after four months by deceitful means the third respondent obtained custody of the vehicle and thereafter handed it over to a third party. On the information given by the petitioner the police registered Crime No.339 of 2017 of Koyilandy Police Station for the offences under Sections 406 and 420 IPC. The police sized the vehicle from the third party. The third respondent filed Crl.M.P.No.2182 of 2017 and the power of attorney holder of the petitioner filed Crl.M.P.No.2183 of 2017 under Section 451 Cr.P.C. By Annexure-V order the learned Magistrate rejected the claim of the petitioner and allowed the claim of the third respondent. This is sought to be set aside.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. It may be mentioned that the third party from whose custody the vehicle was seized did not file claim petition before the trial court. The third respondent was the registered owner of the vehicle. The learned Magistrate found that

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