Basheer v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 Crl.MC.No. 1349 of 2015 () --------------------------- PETITIONER(S)/ACCUSED:
------------------------------------------ BASHEER AGED 35 YEARS S/O.HYDRU, THRIKKULAM, EDAKKARA MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/STATE & COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN: 679 322.
3. THE SUB INSPECTOR OF POLICE, POTHUKKAL POLICE STATION, MALAPPURAM DISTRICT PIN: 679 334.
R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1349 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A: TRUE COPY OF THE JUDGMENT DATED 23/6/2014 IN WPC NO.15787/2014 OF THIS HON'BLE COURT ANNEXURE B: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28/6/2014 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.1349 of 2015 --------------------------------------- Dated this the 17th day of March, 2015.
O R D E R
The petitioner claims to be the registered owner of the vehicle No. KL-10Y/2663 involved in Crime No.235 of 2014 of the Pothukal Police Station. His grievance is that the police has not so far reported the fact of seizure of the said vehicle to the Judicial Magistrate having jurisdiction. He now seeks orders from this court directing the police to report the fact of seizure to the learned Magistrate, and another direction to the learned Magistrate to release his vehicle on appropriate conditions. Now it is submitted by the learned Public Prosecutor that the police has already filed complaint before the learned Magistrate. In such a situation a direction to the police is not required. As regards the other prayer, I find that the petitioner will have to approach the learned Magistrate under Section 451 Cr.P.C. When such an application comes, the learned Magistrate will hear both the parties and pass
Crl. M.C No.1349 of 2015 appropriate judicial orders. If the petitioner herein is the right person to claim custody, it can be released to him on appropriate conditions, subject to the confiscation orders, if any, to be passed by the Sub Divisional Magistrate under Section 23A (4) of the Protection of River Banks and Regulation of Removal of Sand Act.
With these observations, this Crl.M.C is closed. P.UBAID, JUDGE sab