Allowed

Jagadeesha.J v. the Sub Inspector of Police, Bekal Police Station

Kerala HC11 May 2018WP(C)/6615/2018

Case brief

AI extract

What is this about?

Petitioner, owner of vehicle held by police POA holder, filed writ petition seeking interim custody. Court directed police to release vehicle on POA production and kharchat payment if no registered case, citing Section 102 Cr.P.C requirement to inform magistrate.

What did the court decide?

Directed First Respondent to release the seized vehicle to the petitioner or his power of attorney holder on production of the original Power of Attorney by executing proper kaichit (fees/encumbrance

Jagadeesha.J Vs the Sub Inspector of Police, Bekal… — Execution and Attachment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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FRIDAY, THE 11TH DAY OF MAY 2018 / 21ST VAISAKHA, 1940

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WP(C).NO. 6615 OF 2018

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PETITIONER(S)

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JAGADEESHA J. S/O.NARAYANA, AGED 30 YEARS, RESIDING AT KULATHIL VEEDU, NELLIYADUKKAM, PANAYAL, PANAYAL VILLAGE, KASARAGOD DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SREEKANTHA K., S/O.KRISHNA NAIK, AGED 34 YEARS, RESIDING AT MYLATTI, BARA VILLAGE, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI SRI.B.S.SURAJ KRISHNA

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RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION PALLIKKARA P.O., KASARAGOD DISTRICT.

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2. THE DISTRICT POLICE CHIEF, KASARAGOD VIDYANAGAR P.O., KASARAGOD DISTRICT.

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3. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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BY SMT.MABLE C. KURIAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DXY

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WP(C).NO. 6615 OF 2018 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	THE TRUE COPY OF THE POWER OF ATTORNEY DATED 16-1-2018 EXECUTED BY THE PETITIONER.
EXHIBIT P2	THE TRUE COPY OF THE PETITION DATED 23-1-2018 IN CMP NO.573/2018 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, HOSDURG.
EXHIBIT P3	THE TRUE COPY OF THE REPORT DATED NIL FILED BY THE FIRST RESPONDENT IN EXHIBIT P2 PETITION.
EXHIBIT P4	THE TRUE COPY OF THE ORDER DATED 9-2-2018 IN CMP NO.573/2018 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, HOSDURG.

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RESPONDENT(S)'EXHIBITS: NIL

\TRUE COPY\

PA TO JUDGE

DXY

SUNIL THOMAS, J

W.P.C.No. 6615 of 2018

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Dated this the 11^th day of May, 2018

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J U D G M E N T

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The registered owner of a vehicle represented by his power of attorney has approached this Court. The vehicle of the RC owner was taken possession by the police and is stated to be kept in the Police Station. According to the petitioner, if the vehicle is seized in accordance with Section 102 Cr.P.C, the matter is liable

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to be intimated to the jurisdictional magistrate to enable the owner to claim the interim custody of the vehicle.

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However, the impugned order of the learned magistrate indicates that no crime has been registered, though the petitioner herein is stated to be a suspect in a crime. He has not turned up for interrogation in the crime. However, if no crime is registered, definitely the petitioner herein is entitled to get the vehicle released. For the purpose of interrogation, definitely the police will be entitled to take necessary steps.

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W.P.C.No. 6615 of 2018

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::2::-

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Having regard to the nature of allegations, I am inclined to direct the petitioner herein to approach the 1^st respondent herein who shall release the vehicle to the petitioner or the power of attorney holder on production of the original power of attorney, if no crime has been registered against the petitioner herein. The vehicle shall be released on executing proper kaichit.

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Sd/-

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SUNIL THOMAS, JUDGE

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\True Copy\ PA to Judge

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Dxy

Jagadeesha.J v. the Sub Inspector of Police, Bekal Police Station

Case brief

What is this about?

What did the court decide?

Jagadeesha.J v. the Sub Inspector of Police, Bekal Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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