Partly allowed

Shobi.P v. State of Kerala

Kerala HC24 Nov 2016Crl.MC/8131/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous application under Section 482 CrPC, the Court directed the seizure of a JCB by authorities to be reported to the jurisdictional Magistrate within three days for consideration of an interim custody application.

What did the court decide?

The 2nd respondent directed to report seizure of JCB Register No. KL-11-BD/8516 before jurisdictional Magistrate within three days for consideration of interim custody application.

Shobi.P Vs State of Kerala — Constitutional and Fundamental Rights | 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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THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938

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Crl.MC.No. 8131 of 2016 ()

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PETITIONER):

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SHOBI.P, S/O GOPALAN PINAKKAL, PINAKKAL HOUSE, ANNASSERY, THALAKALATHOOR, KOZHIKODE DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-682031

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2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOZHIKODE, KOZHIKODE DISTRICT 673 001

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3. THE SUB INSPECTOR OF POLICE, KAKKOOR POLICE STATION, KOZHIKODE DISTRICT - 673619

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BY PUBLIC PROSECUTOR SRI. AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 8131 of 2016 ()

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APPENDIX:

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PETITIONER'S ANNEXURES:

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ANNEXURE A: COPY OF SEIZURE MAHAZAR PREPARED BY THE VILLAGE OFFICER, CHELANNUR VILLAGE DATED 21.11.2016.

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RESPONDENTS' ANNEXURES: NIL

TRUE COPY

P.A. TO JUDGE.

RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 8131 of 2016

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- - - - Dated 24^th November, 2016

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ORDER

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1.This petition is filed under Section 482 of the Code of Criminal Procedure.

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2.The petitioner is the registered owner of the JCB bearing registration No. KL-11-BD/8516. The said vehicle was seized on 21.11.2016 by the 2^nd respondent on the allegation that the same was used for excavation of red earth in violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 ('MMDR Act, 1957” for brevity). Annexure-A mahazar was prepared evidencing the seizure.

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3.The grievance of the petitioner is that the seizure has not so far been reported before the jurisdictional Magistrate.

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4.Having regard to the facts and circumstances, the 2^nd respondent is directed to report the seizure of the JCB bearing registration No.KL-11BD/8516 before the

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Crl.M.C. No. 8131 of 2016 -2-

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jurisdictional Magistrate within three days from the receipt of a copy of this order. The learned Magistrate is directed to consider the application, if any, filed by the petitioner for Interim Custody of the aforesaid vehicle in accordance with law and pass orders on the same expeditiously, at any rate, within a period of seven days from the date of filing of the application.

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The petition is disposed off as above.

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Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-24.11.16

Shobi.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shobi.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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