Allowed

Shanmon v. State of Kerala

Kerala HC27 Jun 2016Crl.MC/2472/2016

Case brief

AI extract

What is this about?

This court set aside a cryptic order dismissing an application for interim custody of a stolen autorickshaw. Directing the lower court to release the vehicle to the petitioner subject to conditions, the court cited the Supreme Court judgment in Sunderbhai Ambalal Desai.

What did the court decide?

The impugned order setting aside interim custody was set aside; vehicle directed to be released to 1st petitioner subject to conditions deemed fit.

Shanmon Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938

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Crl.MC.No. 2472 of 2016 ()

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CRMP 47/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM CRIME NO. 84/2016 OF MULANTHURUTHY POLICE STATION, ERNAKULAM

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PETITIONER(S):

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1. SHANMON, AGED 25 YEARS,S/O. MUHAMMED JAMAL, 62/KANDANAMKUZHIYIL ATHIRAMPUZHA, KOTTAYAM.

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2. JABBAR P.A., AGED 50 YEARS,S/O. ALI KUNJU, PALLIKUNNEL HOUSE, KANJIRAMATTOM P.O., ERNAKULAM.

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BY ADVS. SMT.AYSHA YOUSEFF

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SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SRI. SHOUKATH HUSAIN SMT.PRIYANKA SEBASTIAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SUB INSEPCTOR OF POLICE, MULANTHURUTHY, PIN - 682 314.

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2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,PIN - 682 001.

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3. SUB INSPECTOR OF POLICE,

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PALLURUTHI, KOCHI, PIN - 682 006.

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R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rvs.

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Crl.MC.No. 2472 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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ANNEXURE A1 PHOTOCOPY OF THE FIR NO. 84/16 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM, ON 24-1-2016.

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ANNEXURE A2 PHOTOCOPY OF THE FIR NO. 211 OF 2016

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ANNEXURE A3 PHOTOCOPY OF THE ORDER NO CMP NO. 471/2016 IN CRIME NO. 84/2016 OF MULANTHURUTHY POLICE STATION.

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ANNEXURE 4A PHOTOCOPY OF THE VEHICLE TAKEN ON 03/06/2016, SEIZED BY THE KUMBALANGY POLICE BEARING FAKE REGISTRATION NO.KL.7D 6254.

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ANNEXURE 4B PHOTOCOPY OF THE VEHICLE TAKEN ON 03/06/2016, SEIZED BY THE KUMBALANGY POLICE BEARING FAKE REGISTRATION NO.KL.7D 6254.

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ANNEXURE 4C PHOTOCOPY OF THE PHOTOGRAPH OF THE VEHICLE TAKEN ON 03/06/2016, SEIZED BY THE KUMBALANGY POLICE BEARING FAKE REGISTRATION NO.KL.7D 6254.

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ANNEXURE 4D PHOTOCOPY OF THE DETAILS OF THE VEHICLE DOWNLOADED FROM THE KERALA GOVERNMENT WEBSITE OF THE MOTOR VEHICLE DEPARTMENT SHOWING THE CHASIS NUMBER AND THE ENGINE NUMBER IN RESPECT OF THE VEHICLE KL 34 6841.

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RESPONDENT(S)' EXHIBITS:

NIL.

/TRUE COPY/

P.A.TO JUDGE

rvs.

RAJA VIJAYARAGHAVAN.V, J

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

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Crl.M.C. No.2472 of 2016

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

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Dated this the 27^th day of June, 2016

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O R D E R

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1.The 1st petitioner is the registered owner of an

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Autorickshaw bearing registration No.KL-34-6841. The said vehicle was stolen on 18.1.2016 from the premises of the house of the 2nd petitioner, who was in

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possession of the said vehicle. Based on the complaint filed by the 1st petitioner, Crime No.84 of 2016 was registered. Later, the vehicle was found at Kumblanghi on 8.2.2016 and Crime No.211 of 2016 was registered under section 102 of the Code of Criminal Procedure. The petitioners filed an application before the court below seeking interim custody of the vehicle, which was dismissed as per Annexure-A3 order. The same is under challenge in this petition.

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Crl.M.C.2472/2016

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2.I have heard the submission made by the learned senior counsel appearing for the petitioners as well as the learned Public Prosecutor.

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3.It is pointed out that Annexure-A3 order is cryptic and non speaking. It is urged that the report submitted by the Assistant Motor Vehicles Inspector, produced as Annexure-A2, does not reflect the actual chassis/engine number of the vehicle. The petitioner is entitled to obtain interim custody of the vehicle and view of the Court below to deny the vehicle is hyper technical and would result in travesty of justice . Referring to the Judgment of the Apex Court in Sunderbhai Ambalal Desai V State of Gujarat ( 2002 (10) SCC 283 ) it is submitted that powers under Section 451 of the code should be exercised judiciously and expeditiously and in no event can a vehicle be permitted to lie exposed to the vagaries of

Crl.M.C.2472/2016

nature .

4.When the matter came up for hearing, this court as per order dated 16.6.2016 had directed the third

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respondent to file a report before this court with the exact chassis number and engine number of the vehicle seized as per Annexure-A2 FIR and which was carrying fake registration Number KL 7D 6254 and lying in the premises of the Kumbalangi Out Post.

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5.The learned Public Prosecutor on instructions fairly would submit that an error had crept into the report submitted by the Assistant Motor Vehicles Inspector and the chassis/engine number of the vehicle was incorrectly noted.

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6.Having regard to the fact and circumstance, I am of the view that Annexure-A3 order passed by the learned Magistrate cannot be sustained. The same is set aside. It is reported that the vehicle is presently

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Crl.M.C.2472/2016 4

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lying at the Cochin Kazba Police Station and as Annexure-A1 crime has been registered at the Mulanthuruthy Police Station, the Sub Inspector of Police, Cochin Kazba Police Station be directed to report seizure of the vehicle before the court below. The learned Magistrate is directed to pass appropriate orders granting release of the vehicle to the 1st petitioner subject to such conditions that the Magistrate may deem fit and proper.

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The petition is disposed of as above.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Shanmon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shanmon v. State of Kerala

Case brief

What is this about?

What did the court decide?

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