Disposed

Biju N v. the State of Kerala

Kerala HC24 Nov 2016Crl.MC/8136/2016

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala directed the respondent Additional Tahsildar to report the seizure of the petitioner's JCB before the jurisdictional Magistrate within three days and for the Magistrate to consider an application for interim custody within seven days. The order was passed under Section 482 CrPC.

What did the court decide?

Direction to 2nd respondent to report seizure before Magistrate within three days; Magistrate to dispose barang application for interim custody within seven days.

Biju N Vs the State of Kerala — Writ and Judicial Review | 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. 8136 of 2016 ()

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PETITIONER:

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BIJU N, S/O CHAYICHAN, MULLASSERY NADUKANDI HOUSE, GURUVAYOORAPPAN COLLEGE PO KOZHIKODE DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS/STATE & COMPLAINANT:

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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, CHEMMANGAD POLICE STATION, KOZHIKODE DISTRICT - 673001

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4. THE VILLAGE OFFICER, NAGARAM VILLAGE KOZHIKODE DISTRICT 673001

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BY PUBLIC PROSECUTOR SRI. T.R. RENJITH

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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. 8136 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 4TH RESPONDENT DATED 18.11.2016.

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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. 8136 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 an Excavator/ JCB bearing registration No. KL-11-AQ/3890. The said vehicle was seized on 18.11.2016 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-11-AQ/3890 before the

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Crl.M.C. No. 8136 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

Biju N v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Biju N v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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