Sethumadhavan v. State of Kerala
Case brief
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
What did the court decide?
Released seized vehicle to the petitioner upon production of original documents.
HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
Released seized vehicle to the petitioner upon production of original documents.
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 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940
Crl.MC.No. 4306 of 2018
AGAINST THE ORDER IN CRMP 4369/2018 of JUDICIAL MAGISTRATE of FIRST CLASS-I, ALATHUR DATED 25-06-2018
PETITIONER(S)/ACCUSED :-
SETHUMADHAVAN, AGED 58 YEARS, S/O. NAGAN, 3/12, KOTTILAMARE HOUSE, AMBAMKUNNU, POTTASSERRY P.O., MANNARKKAD, PALAKKAD.
BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/STATE & COMPLAINANT :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.
R BY SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4306 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE A TRUE COPY OF THE COMPLAINT DATED 29.03.2016. ANNEXURE B TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REG.NO.KL.05 S 3000. ANNEXURE C FREE COPY OF THE ORDER IN CRL.M.P.NO.4369/2018 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE -I, ALATHUR DATED 25.06.2018.
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Crl.M.C. No. 4306 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 12th day of July, 2018
O R D E R
The police seized the vehicle allegedly belonging to the petitioner. He filed an application under section 451 Cr.P.C. By the impugned order the learned magistrate dismissed it. This is challenged in this Crl.M.C.
the learned Public Prosecutor.
In the result, Crl.MC is disposed of directing the S.H.O concerned to release the seized vehicle to the petitioner on his producing the original documents relating to it.
Sd/-
K.ABRAHAM MATHEW, JUDGE
//TRUE COPY//
SMA
PA TO JUDGE
1 issue framed by the court
Whether the malice in non-production of vehicle to the petitioner presuming the impugned order illegal
1 provisions across 1 enactments
Sethumadhavan
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court