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Judgment
Raja Vijayaraghavan V, J
The petitioner states that he has been arrayed as the 2nd accused in Crime No.1072/2023 of the Cherthala Police Station. In the aforesaid case, he is accused of having committed offence punishable under Sections 379, 406, 420 r/w Section 34 IPC.
The petitioner has approached this Court seeking to quash CMP No.3253/2023 on the files of the Judicial First Class Magistrate Court-I, Cherthala, which has been filed by the party respondent seeking issuance of directions to the investigating officer to seize the bus bearing Reg. No. KL-32-K-1040.
Sri. Mathew Kuriakose, the learned counsel, submits that the production of the bus is not required and the attempt is only to harass the petitioner herein.
The learned Public prosecutor submits that Annexure J is an application filed by the complainant under Section 91 of the Cr.P.C seeking the issuance of directions to the respondents therein to produce the stage carriage bus bearing registration No.KL-32K-1040 before the Investigating Officer. According to the learned counsel, no orders have been passed by the learned Magistrate in CMP No.3253/2023.
I have considered the submissions advanced. CMP No.3253/2023 is only an application filed under Section 91 of the Cr.P.C by the complainant and admittedly, no orders have been passed to-date. In that view of the matter, necessary directions can be issued to the learned Magistrate to consider the application and take a decision after hearing both sides.
This petition is accordingly disposed of directing the learned Magistrate to hear the petitioner and consider his contentions before taking a decision on Annexure-J application.