Petitioner challenged Magistrate's order releasing seized vehicle. Court noted subsequent confiscation under sec 61A of Forest Act 1927, rendering prior order void and disposing the petition without deciding the challenge itself.
Petition disposed without deciding the challenge; remedy to challenge confiscation left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 10TH DAY OF NOVEMBER 2016/19TH KARTHIKA, 1938
Crl.MC.No. 4882 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CRL.M.P. 1930/2016 of J.F.C.M-II (FOREST OFFENCES),MANJERI DATED 15-06-2016 O.R. NO. 5/2015 OF J.F.C.M-II, MANJERI.
PETITIONER:
THE FOREST RANGE OFFICER
EDAVANA RANGE IN EDAKKODE FOREST STATION.
BY PUBLIC PROSECUTOR SRI.SANDESH RAJA (SPL.GP FORESTS)
RESPONDENT(S):
HAMZA.K S/O ABDU, KAIPALLI HOUSE, AKAMPADAM AMSOM, NILAMBUR TALUK, MALAPPURAM.
R1 BY ADV. SRI.R.RAJESH KORMATH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4882 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES
----------------------ANNEXURE A(1): TRUE COPY OF THE CRL.M.P.NO.1930/16 IN EDAKKODE O.R.NO.5/2015 FILED BY THE RESPONDENT HEREIN IN EDAKKODE O.R.NO.5/2015 BEFORE THE HON'BLE JUDICIAL I CLASS MAGISTRATE-II, MANJERI. ANNEXURE A(II): TRUE COPY OF THE OBJECTION DATED 8.6.2016. ANNEXURE A(III) CERTIFIED COPY OF THE ORDER DATED 15.6.2016 IN CRL.MP NO.1930/16 IN EDAKKODE O.R.NO.5/2015 OF THE HON'BLE JUDICIAL I CLASS MAGISTRATE-II MANJERI. ANNEXUR A(IV): TRUE COPY OF THE LETTER DATED 15.7.2016. ANNEXURE A(V): TRUE COPY OF THE LETTER NO.D2/SR/15 (SEIZED DATED 15.1.2016) OF THE AEE, PWD MECHANICAL SUB DIVISION, KOZHIKODE.
RESPONDENT(S)' ANNEXURES
NIL
/TRUE COPY/
VPS PS TO JUDGE
RAJA VIJAYARAGHAVAN.V, J
----------------------------------------
Crl.M.C. No.4882 of 2016
-----------------------------------------
Dated this the 10th day of November, 2016
O R D E R
1.The instant petition is filed by the Forest Range Officer, Edavana Range challenging Annexure A(III) order passed by the Judicial Magistrate of First Class-II (Forest Offences) Manjeri, whereby the application filed by the respondent was allowed and the vehicle involved in the Crime was ordered to be released subject to various conditions. While the petition was pending consideration of this Court, it is reported that the confiscating authority has passed orders under section 61A of the Forest Act, 1927 and the vehicle bearing registration No.KL-10-AH2378 has been confiscated. In view of the subsequent development, the order passed by the learned Magistrate, which is under challenge, ceases to have any consequence.
Crl.M.C.4882/2016
2
This petition is therefore disposed of leaving open the remedy of the 2nd respondent to challenge the confiscation
order, if he so desires.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
1 provisions across 1 enactments
The Forest Range Officer, Edavana Range
Hamza.K
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
