Crl.Rev.Pet.No. 188 of 2025 ..1.. 2025:KER:26866 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.REV.PET NO. 188 OF 2025 AGAINST THE ORDER DATED 07.11.2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA IN CMP NO.3406 OF 2024 IN CRIME NO. 481 OF 2024 OF PATTANAKAD POLICE STATION REVISION PETITIONER/3RD PARTY: DR. ARVIND VISHNU KULKARNI AGED 86 YEARS S/O LATE VISHNU KULKARNI GOLD COAST, TOWER-B, FLAT-504, IVORY ESTATE, BANER ROAD, NEAR HOTEL GREENPARK, PAKSHAN, PUNE, MAHARASHTRA, PIN - 411008 BY ADVS. ALBIN A. JOSEPH ANWIN JOHN ANTONY SUSANTH SHAJI SIDHARTH O. NEKHA VARGHESE RESPONDENTS/RESPONDENTS/PETITIONER IN CMP: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA (REPRESENTING SUB INSPECTOR OF POLICE, PATTANAKAD POLICE STATION), PIN - 682031 *2 THE BRANCH MANAGER, ICICI BANK [DELETED] THANE- VARTAK NAGAR BRANCH, VEDANT COMMERCIAL COMPLEX, Crl.Rev.Pet.No. 188 of 2025 ..2.. 2025:KER:26866 VARTAK NAGAR, OPP. KORES, COMPANY THANE WEST, MAHARASHTRA, PIN - 400606 3 THE BRANCH MANAGER, AXIS BANK PUNE MAIN BRANCH, GATE NO. 2, INDRAPUSHTI, OPP.FERGUSAN COLLEGE, PUNE, MAHARASHTRA, PIN - 411004 4 THE BRANCH MANAGER, PUNJAB NATIONAL BANK (INCLUDING ORIENTAL BANK OF COMMERCE AND UNITED BANK OF INDIA), SHIVAJI ENCLAVE BRANCH, GN 12, NEW DELHI, DELHI WEST, PIN - 110027 5 BINOJ AGED 40 YEARS, S/O.BAHULEYAN, KALATHILHOUSE,KADAKKARAPPALLY P.O, KADAKKARAPPALLY VILLAGE, CHERTHALA, ALAPPUZHA, PIN - 688529 *[R2 DELETED AS PER ORDER DATED 21/03/2025 IN CRL.M.A.NO.2 OF 2025. BY ADVS. MADHU RADHAKRISHNAN MOHAMED SAGEER T A NAVANEETH D PAI ANOOP ELIAS(K/2806/1999) NEENU VIMALKUMAR(K/772/2012) SAJEENA ABDU T.K.(K/476/2022) SREELAKSHMI G.(K/000608/2024) NELSON JOSEPH(K/380/2007) M.D.JOSEPH(K/839/2008) DEEPAK ASHOK KUMAR(K/1624/2018) JESWIN JACOB(K/2882/2024) SRI.M.P. PRASANTH, PP THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.Rev.Pet.No. 188 of 2025 ..3.. 2025:KER:26866 O R D E R This revision petition has been filed challenging the order passed by the Judicial First Class Magistrate Court-I, Cherthala (for short, 'the trial court'), in C.M.P.No. 3406 of 2024 in Crime No. 481 of 2024 of Pattanakad Police Station, Alappuzha, ordering release of the amount seized in the said crime to the respondent No.5 herein. 2. The Pattanakad Police registered a crime as Crime No.481 of 2024 on the basis of the complaint preferred by respondent No.5. The allegation is that the accused approached respondent No.5 via Telegram application offering him a part-time job and earned his trust by transferring some money upon the completion of the tasks assigned to him. He received money as reward. Believing in their genuineness, he was then asked to send money to various accounts as prepaid tasks. Trusting them, he transferred a total sum of Crl.Rev.Pet.No. 188 of 2025 ..4.. 2025:KER:26866 Rs.3,22,500/- from his account at State Bank of India, Cherthala to various accounts. 3. As part of the investigation, the accounts in respect of Rs.3,22,500/- were freezed. Thereafter, respondent No.5 filed a petition to release the said amount to him as C.M.P.No. 3406 of 2024, which was allowed as per the impugned order. 4. I have heard both sides. 5. The petitioner is not a party to the proceedings in C.M.P.No. 3406 of 2024 before the trial court. According to him, out of the amount seized in Crime No.481 of 2024, Rs.1,47,898/- shown as item No.1 in the schedule of the impugned order absolutely belongs to him. It is contended that he has absolutely no connection with the crime involved and the impugned order was passed without hearing him. Since the petitioner has raised a claim over Rs.1,47,898/- seized in Crime No.481 of 2024 which was released to the Crl.Rev.Pet.No. 188 of 2025 ..5.. 2025:KER:26866 respondent No.5 vide the impugned order and as he was not made a party in C.M.P.No.3406 of 2024, I am of the view that the impugned order, to the extent it ordered the release of Rs.1,47,898/- to the respondent No.5, cannot be sustained and accordingly, it is set aside to that extent. C.M.P.No.3406 of 2024 is remitted to the trial court for fresh disposal. The respondent No.5 shall file an application to implead the petitioner herein in C.M.P.No.3406 of 2024. The petitioner shall be given an opportunity to file a counter statement. Thereafter, the trial court shall dispose of C.M.P.No.3406 of 2024 in accordance with law, after hearing both sides. The criminal revision petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA