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P.K.PAREED, S/O.KUNHUKUNJU versus STATE OF KERALA, REPRESENTED

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P.K.PAREED, S/O.KUNHUKUNJU v. STATE OF KERALA, REPRESENTED - Crl MC No. 172 of 2007 [2007] RD-KL 3904 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 172 of 2007()

1. P.K.PAREED, S/O.KUNHUKUNJU,
... Petitioner

2. MEERA UMMA, W/O.KUNHUKUNJU,

Vs

1. STATE OF KERALA, REPRESENTED
... Respondent

For Petitioner :SRI.K.RAMAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :21/02/2007

O R D E R

R.BASANT, J

Crl.M.C.No.172 of 2007

Dated this the 21st day of February, 2007

ORDER

The grievance of the petitioners is that they have been found not guilty and acquitted as per Annexure-A judgment passed by this Court in an appeal. The amount has been deposited by them as directed in the judgment of the court below, which has already been set aside. The amount deposited by them is not being returned by the learned Assistant Sessions Judge.

2. Did they make an application for return of the amount ? If not, why has such application not been filed ? If such application has been filed, what is the prayer in that application ? Why is the prayer rejected ? Why is the order not being produced ? I do not get satisfactory answers to the above queries. However, I am satisfied that the petitioners can be permitted to approach the learned Assistant Sessions Judge, before whom the deposit was made, claiming release of such amount in the light of the appellate judgment passed by this Court, a copy of which is produced as Annexure-A. Such application must be disposed of on merits. I can find no reason why the judgment having already been set aside, the amounts which are deposited by the petitioners, as directed under the said judgment, should not be released to them. Crl.M.C.No.172 of 2007 2

3. This Crl.M.C is, in these circumstances, dismissed with the above observations. Hand over a copy of this order to the learned counsel for the petitioners forthwith for production before the learned Assistant Sessions Judge.

(R.BASANT, JUDGE)

rtr/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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