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Judgment
T.R. Ramachandran Nair, J.—The main prayer herein is for a direction to the court below to consider Annexure A1 application submitted by the petitioner expeditiously. The petitioner is a Company registered under the provisions of the Companies Act. This is a case wherein the Company had sanctioned loan to one Shri Thomaskutty, S/o. Philipose, Manapprambil House, Ottakkal P.O., Thenmala on 6.3.2012 for purchasing a stage carriage bus of 2006 model of Ashok Leyland make with registration No. KL-25-3969. The vehicle is hypothecated with the petitioner-Company.
It is averred that the Company came to know that the above said vehicle is seized by the Adoor Police in the month of September, 2012. On their enquiry, it was found that no crime has been registered by the police to enable them to seize the vehicle. It is stated that the registered owner has not taken any interest in the matter also. Even though the petitioner filed Crl. M.P. No. 3101/2012 u/s 457 of Cr.P.C. seeking interim custody of the vehicle, on 12.9.2012, the said petition has not been disposed of so far.
This Court called for a report from the learned Magistrate and a report has been submitted accordingly. The report reveals that after the filing of Crl.M.P. No. 3101/2012, repeated directions were given to the Sub Inspector of Police, Adoor to file a detailed report pertaining to the seizure of the vehicle on 19.9.2012, 22.9.2012, 26.9.2012, 29.9.2012 and on 10.10.2012. Since the Sub Inspector of Police did not file any report, a show cause notice was issued by the court and thereafter an official memorandum was issued to the Dy. S.P., Adoor on 31.10.2012 directing him to get an explanation from the Sub Inspector of Police, Adoor and to file a report. The matter was posted to 9.11.2012 and then to 14.11.2012 for the report of the Dy. S.P., Adoor. In paragraph No. 4 of the report, it is stated that the report along with an explanation of the Sub Inspector of Police, was filed before the Court on 11.1.2013. The report reveals that crime No. 2159/2012 of Adoor Police Station was registered u/s 102 of Cr.P.C. in connection with the seizure of KL-25-3969 stage carriage. The report reveals that the vehicle was seized on 5.8.2012 and produced the same before the SDM Court, Adoor. It is also stated that the matter stands posted to 16.1.2013 for hearing.
In the light of the fact that the petition has already been posted for hearing, appropriate steps will be taken in accordance with law to dispose of the matter expeditiously. With the above observation, the Crl. M.C. is disposed of.