Disposed

E. Abdul Jaleel v. the Station House Officer

Kerala HC10 Mar 2014Crl.MC/1483/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court directed the lower magistrate to dispose of a pending application for interim custody of a vehicle within two weeks after receipt of valuation report. The Court also ordered the Public Prosecutor to facilitate the collection and production of the valuation statement.

What did the court decide?

Directed the lower magistrate to dispose of CMP No.115/2014 within two weeks valuation report received and directed Public Prosecutor to ensure valuation statement is produced.

E. Abdul Jaleel Vs the Station House… — Constitutional and Fundamental Rights | Kerala HC (2014)

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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 K.RAMAKRISHNAN

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MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935

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Crl.MC.No. 1483 of 2014 ()

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--------------------------CC NO. 1311/13 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THALIPARAMBA

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PETITIONER/ACCUSED :

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

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E. ABDUL JALEEL, AGED 40 YEARS, S/O. UMMER, RESIDING AT FATHIMA MANZIL, CHENAYANNUR, KYATTERI P.O., KANNUR DISTRICT.

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENTS/COMPLAINANTS:

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

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1. THE STATION HOUSE OFFICER, ALAKKODE POLICE STATION, KANNUR DISTRICT-670 571.

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2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.RAMAKRISHNAN, J.

Crl.M.C 1483 of 2014

Dated this the 10^th day of March, 2014

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O R D E R

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This is an application filed by the petitioner for early disposal of application filed by the petitioner for the interim custody of the vehicle pending before the lower court under Section 482 of the Code of Criminal Procedure.

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It is alleged in the petition that the vehicle belongs to the petitioner has been intercepted by the 1st respondent alleging commission of offences under Section 23 of the Kerala Protection of River Bank and Regulation of Removal of sand Act 2001. Now the case is pending as CC No. 1311/2013 on the files of the Judicial Fist Class Magistrate No.1, Taliparamba. The case arose out of a crime registered by the Alakkode Police Station as Crime No.680/2013. The petitioner filed an application under Section 457 of the Code of Criminal Procedure for interim custody of the vehicle, but that application has not been disposed of by the court below so far. The vehicle has been kept idle in the premises of Police Station exposed to sunlight and rain and if no orders have been passed on the application, the condition of the vehicle will be deteriorated and it will not be useful for the petitioner even

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Crl.M.C 1483 of 2014

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ultimately if it is directed to be returned to the petitioner later. So the petitioner has no other remedy except to approach this

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Court seeking the following reliefs:

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(i) “Issue direction directing the Judicial 1st Class Magistrate No.1, Taliparamba to dispose the CMP No.115/2014 in C.C.No.1311/13 as earliest.

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(ii) Issue direction directing the respondents to release the vehicle to the petitioner on executing sufficient security by depositing title deed of the property.”

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Considering the nature of reliefs claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor after getting report from the concerned court regarding the present stage of the petition.

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On the basis of the directions given by this Court, the learned Magistrate has submitted a report which reads as follows:

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“ With reference to the above, I humbly submitted that the petition in CMP 115/2014 on the file of this Court U/s 451 Crpc filed by the petitioner E.Abdul Jaleel, S/o Ummer is now stands posted to 12.03.2014 for the valuation statement of the vehicle KL 10 AJ 5246 from the Regional Transport Officer, Taliparamba.”

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Crl.M.C 1483 of 2014

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The learned Public Prosecutor submitted that, the report has already been given by the Regional Transport Officer to the Police and it was produced before the Revenue Division Officer instead of producing before the court. The learned Public Prosecutor undertakes that they will issue directions to the Police Officer to collect the same and produce before the court.

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Considering the circumstances of the case and also on the basis of the report, this court feels that the petition can be disposed of as follows:

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The learned Magistrate is directed to dispose of CMP 150/2014 pending before that court filed by the petitioner seeking the interim custody of the vehicle as expeditiously as possible at any rate within two weeks from the receipt of the valuation statement of the Regional Transport Officer, Taliparamba keeping in mind the dictum laid down in the decisions reported in Sunderbhai Ambalal Desai v. State of Gujarat and Shan C.T. Vs. State of Kerala [2010 (3) KHC 333].

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With this direction and observation, this petition is disposed of.

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Crl.M.C 1483 of 2014

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The learned Public Prosecutor is directed to inform the Police Officer to collect the valuation statement given by the Regional Transport Officer from the office of the Revenue Divisional Officer and produce the same before the Judicial Fist Class Magistrate No.1, Taliparamba immediately. The office is directed to communicate this order to the court below by FAX immediately.

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K.RAMAKRISHNAN, JUDGE

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jm/

E. Abdul Jaleel v. the Station House Officer

Case brief

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E. Abdul Jaleel v. the Station House Officer

Case brief

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