Disposed

Mohammadali v. State of Kerala

Kerala HC8 Mar 2019Crl.MC/1498/2019

Case brief

AI extract

What is this about?

Petitioners seeking interim custody of two lorry seized for alleged violations of the Mines and Minerals Act. Court directed petitioners to file an application under Section 457 Cr.P.C. before the Magistrate for consideration and appropriate orders on merits.

What did the court decide?

Directed petitioners to seek interim custody via an application under Section 457 Cr.P.C. before the learned Magistrate.

Mohammadali Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2019)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

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Crl.MC.No. 1498 of 2019

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PETITIONER/S:

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1 MOHAMMADALI, AGED 55 YEARS, S/O. MOHAMMED, SRAMBIKKAL HOUSE, KACHERIPARAMBU P.O, ALANALLUR, MANNARKKAD, PALAKKAD DISTRICT.

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2 VISWANATHAN K., AGED 33 YEARS, S/O. SUBRAMANIAN K, KOOMANCHERY HOUSE, BHEEMANAD P.O, KOTTOPADAM, MANNARKKAD, PALAKKAD DISTRICT.

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BY ADVS. SRI.NIREESH MATHEW SRI.N.P.PRAJEESH

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, MALAPPURAM DISTRICT, PIN-679 326.

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3 THE GEOLOGIST, MINES AND MINERALS, MINI CIVIL STATION, MANJERI-676 121, MALAPPURAM DISTRICT.

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SRI.AJITH MURALI, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1498 of 2019

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ORDER

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A registered lorry bearing registration No.KL-10/AE-6607 owned by the 1^st petitioner herein and the another one bearing registration No.KL-56/G-5811 owned by the 2^nd petitioner were seized on 15.02.2019. The grievance of the petitioners is that no crime has been registered and the seizure has not been reported to the learned Magistrate. The vehicles were seized allegedly for violating the provisions of the Mines and Minerals (Regulation and Development) Act, 1957.

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The limited prayer in this petition is to issue necessary direction to the learned Magistrate to consider their application for interim custody and pass appropriate orders.

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Having considered the submissions advanced, I direct the petitioners herein to approach the learned Magistrate and file an application under Section 457 of the Cr.P.C. If such an application is filed, the learned Magistrate shall consider the same and pass appropriate orders, expeditiously, and on its merits

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This petition is disposed of.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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Dsv/8.3.19

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Crl.MC.No. 1498 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO. REG. NO. KL-10/AE-6607 OF THE 1ST PETITIONER.

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ANNEXURE B TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO. REG. NO. KL-56/G-5811 OF THE 2ND PETITIONER.

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ANNEXURE C PHOTOCOPY OF THE SEIZURE MAHAZAR DATED 15.02.2019 PREPARED BY THE 2ND RESPONDENT.

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ANNEXURE D TRUE PHOTO COPY OF THE DECISION REPORTED IN 2014 (4) KHC 210, ANFAR VS. STATE OF KERALA AND ANOTHER.

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RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY//

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P.A.TO JUDGE

Mohammadali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammadali v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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