The petitioner claimed release of a seized vehicle based on a Magistrate's order. The respondents and petitioner submitted that the vehicle was already released the evening prior. The court found no further orders necessary and closed the writ petition.
The writ petition is closed as no further orders are necessary; the vehicle has been released.
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 R. NARAYANA PISHARADI
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941 WP(C).No.33250 OF 2019(E)
PETITIONER/S:
NAZIR KALMATTA AGED 40 YEARS S/O.MOIDEEN KALAMATTA, RESIDING AT KALAMATTA HOUSE, P.K.NAGAR, ARIKKADY, KUMBLA.P.O., MANJESHWAR TALUK, KASARAGOD DISTRICT
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT/S:
3 THE STATION HOUSE OFFICER KUMBA POLICE STATION, KUMBALA, KASARAGOD DISTRICT-671321
R1-3 BY GOVERNMENT PLEADER
SRI AJITH MURALI-PP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.33250 OF 2019
JUDGMENT
As per the order dated 17.01.2020, the second respondent was directed to release the vehicle KL 14 T 4453 to the petitioner forthwith in compliance with Exhibit-P4 order passed by the learned Magistrate and to report compliance before this Court within a period of three days.
learned Public Prosecutor submitted that the vehicle has been released to the petitioner. Learned counsel for the petitioner
also submitted that the vehicle has been released to him on yesterday evening.
are necessary in this writ petition. The writ petition is closed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
rpk
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WP(C).No.33250 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL 14 T 4453 ISSUED BY THE REGISTERING AUTHORITY, KASARAGOD EXHIBIT P2 THE TRUE COPY OF THE FIR DATED 10.07.2019 IN CRIME NO.284/2019 OF KUMBLA POLICE STATION EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 19.8.2019 IN CMP NO.3588/2019 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II(ADDITIONAL MUNSIFF), KASARAGOD
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 7/09/2019 IN CMP NO.4340/2019 IN CMP NO.3588/2019 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II(ADDITIONAL MUNSIFF), KASRAGOD
EXHIBIT P5 THE TRUE COPY OF THE OFFICE MEMORANDUM DATED 16.09.2019 ISSUED BY THE COURT OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II(ADDITIONAL MUNSIFF), KASARAGOD TO THE SECOND RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE RECEIPT DATED 29/8/2019 BEARING NO.CC.N0.0122930 BOOK NO.01230 ISSUED BY THE HEAD OF OFFICE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-11, KASARAGOD
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 18/10/2019 IN CRL.A.NO.191/2019 ON THE FILES OF THE HONOURABLE SESSION'S COURT KASARAGOD.
Nazir Kalmatta
The State of Kerala represented by its Secretary to Government, Excise Department, Government Secretariat, Thiruvananthapuram
The Deputy Commissioner of Excise, Kasaragod
The Station House Officer Kumba Police Station, Kumbala, Kasaragod District
R. Narayana Pisharadi
As recorded by the court registry
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