Dismissed

Fazaluddin v. State of Kerala

Kerala HC4 Apr 2012Crl.MC/513/2012

Case brief

AI extract

What is this about?

Criminal Misc. Petition filed by Fazaluddin seeking quashing of an order refusing release of his seized driving license. Court found insufficient material to invoke Section 482 CrPC jurisdiction but directed police to return license or produce it in trial court within 30 days.

What did the court decide?

Directed Police SHO to return seized driving license or produce it before trial court within 30 days.

Fazaluddin Vs State of Kerala — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934

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Crl.MC.No. 513 of 2012 () ------------------------CC.2451/2009 of J.M.F.C.-II, ERNAKULAM

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PETITIONER/ACCUSED:

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FAZALUDDIN AGED 35 YEARS, S/O.ABUBAKKAR, THUNDAPARAMBIL HOUSE, H NO.13/944, KARUVELIPADY, FORT KOCHI, ERNAKULAM DIST.

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BY ADVS.SRI.S.U.NAZAR SRI.MANSOOR.B.H.

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RESPONDENT(S)/COMPLAINANT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER, CITY TRAFFIC POLICE STATION WEST KOCHI CITY.

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/-

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P.S.GOPINATHAN, J.

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Crl.M.C.NO. 513 OF 2012

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Dated this the 4^th day of April, 2012

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O R D E R

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In this petition under Section 482 of the Code of Criminal

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Procedure, the petitioner seeks an order to quash Annexure B

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order whereby the request of the petitioner to release his driving license was declined.

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Having heard, I find that the driving license of the petitioner was seized by the Sub Inspector of Police, City Traffic Police Station on 26/7/2009. According to the petitioner, it was seized in connection with Crime No.6838/2009 for which Annexure A receipt was issued. But the same was not produced before the trial court along with the final report. Therefore, the learned Magistrate was quite correct in declining the request. I find no reason to invoke jurisdiction under Section 482 of the Code of Criminal Procedure.

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Crl.M.C.NO. 513 OF 2012

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In the above circumstance, this petition is disposed of with direction to the Station House Officer, City Traffic Police Station either to return the driving license of the petitioner seized for which Annexure A receipt was issued or to produce the same before the trial court within a period of 30 days from the date of receipt of a copy of this order which the petitioner shall produce before the Investigating Officer. In the event the driving license is produced before the trial court the petitioner is at liberty to apply

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afresh for releasing the driving license.

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P.S.GOPINATHAN JUDGE

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DSV/-

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Crl.M.C.NO. 513 OF 2012 3

Fazaluddin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Fazaluddin v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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