Disposed

Nasar v. the Sub Inspector of Police

Kerala HC22 May 2018Crl.MC/2030/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal reversible petition seeking quashing of an FIR. The court directed the petitioner to approach the geologist with evidence showing a valid import pass and convince him of non-offence, directing expedient investigation.

What did the court decide?

The offender to be permitted to approach the geologist and convince that he has valid pass and did not commit an offence, and investigation to conclude expeditiously.

Nasar Vs the Sub Inspector of Police — Criminal Trial and Appeal | Kerala HC (2018)

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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.ABRAHAM MATHEW

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TUESDAY, THE 22ND DAY OF MAY 2018 / 1ST JYAISHTA, 1940

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Crl.MC.No. 2030 of 2018

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CRIME NO. 75/2018 OF PAYYANNUR POLICE STATION.

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PETITIONER/PETITIONER

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NASAR K.S., S/O. KUNHUMUHAMMED, AGED 48 YEARS, KUSHALICHI HOUSE, MANCHANTHODE, MANNARKKAD, PALAKKAD.

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BY ADV.SRI.O.D.SIVADAS.

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RESPONDENTS/COMPLAINANT & STATE:

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1. THE SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, KANNUR DISTRICT -670 307.

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

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3. THE GEOLOGIST, MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KANNUR - 670 001.

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BY SR. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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23/05/2018.

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Crl.MC.No. 2030 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1	TRUE COPY OF THE GST REGISTRATION ISSUED M/S. SHA TRADERS AND MINERALS.
ANNEXURE A2	TRUE COPY OF THE TRANSIT PASS DATED 09.01.2018 ISSUED BY THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY, ANDHRA PRADESH.
ANNEXURE A3	TRUE COPY OF THE E-WAY BILL GENERATED FOR TRANSPORTATION TO KERALA.
ANNEXURE A4	TRUE COPY OF THE FIR IN CRIME NO.75/2018 REGISTERED BY THE PAYYANNUR POLICE.
ANNEXURE A5	TRUE COPY G.O(P) 77/2015/ID DATED 05.06.2015 PUBLISHED VISE S.R.O NO.375/2016 ISSUED BY THE GOVERNMENT.
ANNEXURE A6	TRUE COPY RELEASE ORDER DATED 31.01.2018 ISSUED TO RELEASE THE VEHICLE WITH LOAD.

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RESPONDENT'S ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE

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rs. 23/05/2018.

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K.ABRAHAM MATHEW J.

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Crl.M.C. NO.2030 of 2018

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----------------------------------------------Dated this the 22^nd day of May, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioner is the accused in Crime No.75 of 2018 of Payyannur Police Station registered for the offence under Section 4(1)(A) r/w Section 21(1) of the MMDR Act. The FIR is sought to be quashed on the ground that the facts of the case do not attract the offence.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The petitioner's case is that he had obtained a valid pass to import ordinary sand from Andhra Pradesh to Kerala and on the strength of it he was transporting sand. This is a matter to be ascertained at the investigation. Now the geologist concerned has seized of the matter. If the petitioner is so advised he may satisfy the geologist that he had a valid pass and he did not commit any offence.

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In the result, this Crl.M.C is disposed of directing the petitioner to approach the geologist (third respondent) and convince him that he did not commit any offence. The investigation shall be concluded expeditiously.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Nasar v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Nasar v. the Sub Inspector of Police

Case brief

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What did the court decide?

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