Quashed

Sherifa Beevi v. State of Kerala

Kerala HC13 Jan 2010Crl.MC/116/2010

Case brief

AI extract

What is this about?

The High Court quashed the interim custody refusal order of the First Class Judicial Magistrate and remitted the matter for fresh decision. The single-bench judgment directed the Magistrate to act expeditiously in accordance with Supreme Court precedents regarding Section 451 CrPC.

What did the court decide?

Annexure-A4 order quashed and C.M.P.12955/2009 remitted to the Magistrate for appropriate order within two weeks.

Sherifa Beevi Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 116 of 2010() -----------------------CMP.12955/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... CR.NO.595/09 OF POOYAPPALLY POLICE STATION,KOTTARAKKARA)

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PETITIONER(S): COMPLAINANT: ----------------------------------------------SHERIFA BEEVI, AGED 70 YEARS, D/O.BEEVI KUNJU, SURABHI HOUSE, THRICHAMKAVU, OYUR, POOYAPPALLY VILLAGE, KOTTARAKKARA TALUK. BY ADV. MR.SYAM J SAM

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RESPONDENT(S): STATE/ACCUSED: ------------------------------------------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR MR. S.U. NAZAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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Crl.M.C.NO.116 OF 2010 ------------------------------------------ Dated 13^th January 2010

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O R D E R

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Petitioner, whose gold ornaments

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were stolen filed C.M.P.12955/2009, in

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crime No.595/2009 of Pooyappally police station, before Judicial First Class Magistrate-II, Kottarakara under Section 451 of Code of Criminal Procedure for interim custody of the gold ornaments. Learned Magistrate under Annexure-A4 order dismissed the petition holding that gold ornaments can be released, only after disposal of the case. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order, contending that even investigation officer had filed Annexure-A3 report stating that there is no objection for granting interim

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Crmc 116/10

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custody of the gold ornaments.

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Honourable Supreme Court in

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Sunderbhai Ambalal Desai v. State of Gujarat (2003 (2) KLT 1089) had cautioned the

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Magistrate to exercise the jurisdiction under Section 451 expeditiously and judiciously and directed to follow the procedure provided thereunder. Unfortunately, learned Magistrate did not follow the same. Annexure-A4 order is illegal and is quashed. C.M.P.12955/2009 is remitted to the learned Magistrate. Learned Magistrate is directed to pass appropriate order in the application following the decision of the Apex court in Subderbhai's

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case (supra), within two weeks from the date of receipt of a copy of this order.

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Petition is allowed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

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Crmc 116/10

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Sherifa Beevi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sherifa Beevi v. State of Kerala

Case brief

What is this about?

What did the court decide?

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