Ashraf v. Sub Inspector of Police, Payyanur Police Station

Kerala HC7 Jun 2018Crl.MC/2406/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the petitioner, accused in theft of sand, sought quashing of the FIR. The court held that mere release of the seized vehicle by a Magistrate is insufficient to quash the FIR or conclude no offence is made out, dismissing the prayer to quash but directing independent investigation.

What did the court decide?

FIR not quashed; third respondent directed to conduct impartial and independent investigation without delay.

Ashraf Vs Sub Inspector of Police, Payyanur Police Station — Cheque Dishonour | 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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THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940

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Crl.MC.No. 2406 of 2018

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CRIME NO. 73/2018 OF PAYYANNUR POLICE STATION , KANNUR DISTRICT

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PETITIONER:

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ASHRAF.P. S/O. MARAKKAR, AGED 40 YEARS, PANGUMVALAPPIL HOUSE, MACHAN THODU, THACHAN PARA, PALAKKAD DISTRICT.

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BY ADV.SRI.O.D.SIVADAS

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RESPONDENT(S):

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1. SUB INSPECTOR OF POLICE, PAYYANUR POLICE STATION KANNUR DISTRICT, PIN-670307.

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

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3. THE GEOLOGIST, MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KANNUR-670001.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S. HRITWIK

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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PBS

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Crl.MC.No. 2406 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES.

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ANNEXURE.A1. TRUE COPY SHA TRADER	OF THE GST REGISTRATION ISSUED M/S. S AND MINERALS.
ANNEXURE A2. TRUE COPY ASSISTANT ANDRA PRAD	OF THE TRANSIT PASS ISSUED BY THE DIRECTOR OF MINING AND GEOGOLOGY, ESH DATED 10-01-2018.
ANNEXURE A3. TRUE COPY TRANSPORTA	OF THE E-WQY BILL GENERATED FOR TION TO KERALA.
ANNEXURE A4. TRUE COPY REGISTERED	OF THE FIR IN CRIME NO. 73/2018 BY THE PAYYANNUR POLICE.
ANNEXURE A5. TRUE COPY TO RELEASE	RELEASE ORDER DATED 31-01-2018 ISSUED THE VEHICLE WITH LOAD.

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RESPONDENT'S ANNEXURES NIL

/TRUE COPY/

PS TO JUDGE

PBS 8/6/2018

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.2406 OF 2018

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----------------------------------------------Dated this the 7^th day of June, 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.73 of 2018 of Payyannur Police Station registered for the offence under Section 4(1) (A) and Section 21(1) Mining and Minerals (Development & Regulation) Act. The vehicle used to transport the sand was seized by the police. It is stated that on the application filed by the petitioner under Section 451 Cr.P.C the learned Magistrate directed to release the vehicle as he was satisfied that the vehicle was not involved in committing any offence as alleged by the prosecution. The prayer is to quash the FIR.

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

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Merely because the vehicle was released to the petitioner pursuant to the orders passed by the learned Magistrate the FIR cannot be quashed. The only document produced by the petitioner is the release order passed by the learned Magistrate. There are no materials

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Crl.M.C. NO.2406 OF 2018 2

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before the court even to hold that the Magistrate was satisfied that no

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offence is made out.

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In the result, this Crl.M.C is closed. The third respondent is

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directed to conduct an impartial and independent investigation without

delay

Sd/-

K.ABRAHAM MATHEW

JUDGE

Ashraf v. Sub Inspector of Police, Payyanur Police Station

Case brief

What is this about?

What did the court decide?

Ashraf v. Sub Inspector of Police, Payyanur Police Station

Case brief

What is this about?

What did the court decide?

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