Petitioner challenged the seizure of his vehicle alleged to be used in offences under the Kerala Protection of River Banks Act and IPC. Prosecutor submitted seizure was reported to magistrate. Court closed the petition without further order.
This Crl.M.C. is closed.
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 K.ABRAHAM MATHEW THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940 Crl.MC.No. 3412 of 2018
CRIME NO.732/2017 OF PATTAMBI POLICE STATION,PALAKKAD DISTRICT
PETITIONER:
JAHFAR ALI, S/O.KUNHI MOHAMMED, AGED 27 YEARS, SANTHIPURATH HOUSE, VILAYUR WEST P.O., PATTAMBI TALUK, PALAKKAD DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MOHAMMED ASHARAF, S/O.MOIDEENKUTTY, AGED 41 YEARS, KALATHIL HOUSE, PULAMANTHOLE P.O., KATTOOPPARA, MALAPPURAM DISTRICT (OWNER OF A GOODS AUTORIKSHAW BEARING REGISTRATION NO.KL-54-B-6502).
BY ADV.SRI.P.M.MATHEW
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT-686 001
3. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, OTTAPALAM, PALAKKAD DISTRICT-686 001
4. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-686 001
R1 TO R4 BY SR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts 6/7/2018
Crl.MC.No. 3412 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.732/2017 DATED 29.10.2017 PREPARED BY THE SECOND RESPONDENT
ANNEXURE A2 TRUE COPY OF THE SEIZURE/MAHASSAR DATED 29.10.2017 PREPARED BY THE SECOND RESPONDENT
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 09.06.2017 IN CR.M.C.NO.3774 OF 2017
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts 6/7/2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 3412 of 2018
Dated this the 5th day of July, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
respondent on the allegation that it was used in the commission of the offence under the Kerala Protection of River Banks & Regulation of Removal of Sand Act. The second respondent registered Crime No. 732 of 2017 of Pattambi Police Station for the offences under Section 379 of the Indian Penal Code and Sections 20 & 21 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act. The complaint of the petitioner is that the seizure has not been reported to the learned magistrate.
Crl.M.C. No. 3412 of 2018
..2..
Collector, who is the authorized officer under the Act. The seizure has been reported to the magistrate also.
No further order is necessary.
In the result, this Crl.M.C. is closed.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/05.07.2018
1 issue framed by the court
Whether the seizure of the petitioner's vehicle by the police should be reported to the magistrate under the relevant Act.
3 provisions across 3 enactments
Jahfar Ali
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
