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High Court of KeralaCrl.MC/3982/2015disposed of

Prasad K.M v. State Of Kerala

2015-07-20Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Crl.MC.No. 3982 of 2015 ---------------------------------- CRIME NO. 441/2015 OF HOSDURG POLICE STATION , KASARGOD --------------------- PETITIONER(S):

---------------------- PRASAD K.M, AGED 38 YEARS, S/O.BALAN, OZHINJAVALAPPU P.O, NILESWAR VIA, KANHANGAD VILLAGE, HOSDURG TALUK.

BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT/STATE:

---------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, CRIME NO. 441 OF 2015 OF HOSDURG POLICE STATION, HOSDURG.

BY PUBLIC PROSECUTOR SRI.GITHESH. R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 3982 of 2015 ---------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE AI: COPY OF THE FIR IN CRIME NO.441/2015 OF HOSDURG POLICE STATION ANNEXURE AII: COPY OF AGREEMENT DATED 24/3/15 ANNEXURE AIII: COPY OF THE APPICATION FILED BEFODRE THE R2 RESPONDENTS' ANNEXURE ----------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3982 of 2015 ================== Dated this the 20th day of July, 2015

O R D E R

The main prayers in this Crl.M.C. are as follows: "i) direct the 2nd respondent to send sample of the sand seized from the Lorry belongs to the petitioner bearing No.KL 59E 7823 for analysis to the Geological laboratory Thiruvananthapuram. ii) direct the 2nd respondent to consider Annexure AIII al without any delay."

2.

The learned Public Prosecutor submits that the instructions furnished by the 2nd respondent Sub Inspector of Police, Hosdurg Police Station, is to the effect that no application as the one at Anx.A-III application has been received in the Hosdurg Police Station till date and if a proper application is received, necessary action will be taken thereunder in accordance with law. Accordingly, it is ordered in the interest of justice that it will be open to the petitioner to file a proper application similar to the one at Anx.A-III before the respondent Sub Inspector of Police, Hosdurg Police Station, with necessary prayer and by registered speed post. On receipt of the same, the 2nd respondent will deal with the same in

Crl.M.C.3982/15 - : 2 :- accordance with law and take necessary action thereunder. This shall be done within a period of one week from the date of receipt of a copy of such application that may be made by the petitioner. With these observations and directions, the Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge