Allowed

Abdul Hakkeem v. State of Kerala

Kerala HC4 Dec 2021Crl.MC/4976/2021

Case brief

AI extract

What is this about?

The High Court in Crl.M.C. No. 4976 of 2021 allowed a petition challenging a condition in an impugned order that required the deposit of original vehicle documents with the court, holding such a condition violated Section 130 of the Motor Vehicles Act by preventing the owner from fulfilling statutory mandates.

What did the court decide?

The condition directing deposit of original documents was vacated; the vehicle and documents to be released to the petitioner.

Abdul Hakkeem Vs State of Kerala — Company and Corporate | Kerala HC (2021)

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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 K.HARIPAL

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SATURDAY, THE 4^TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943

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CRL.MC NO. 4976 OF 2021

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ORDER DATED 06.04.2019 IN CRMP 4157/2019 ON THE FILE OF JUDICIAL MAGISTRATE OF

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FIRST CLASS - I, OTTAPPALAM

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PETITIONER/PETITIONER:

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ABDUL HAKKEEM AGED 36 YEARS S/O.ANTHURTHODI MUHAMMED, THRIKKATEERI AMSOM DESOM, THRIKKATEERI II VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT, (OWNER OF A TIPPER LORRY BEARING REGISTRATION NO.KL-10-AB-3050). BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ MOHEMED FAVAS HASHARURAHIMAN U.

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONORABLE HIGH COURT OF KERALA AT ERNAKULAM-682031. 2 THE STATION HOUSE OFFICER CHERPULASSERY POLICE STATION, PALAKKAD-679503.

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PP - SRI. M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.12.2021, THE

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COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4976 of 2021

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ORDER

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Petitioner is the registered owner of the tipper lorry bearing Reg.No.KL-10-AB-3050 which was involved in a proceedings under the Kerala Minor Mineral Concession Rules 2015 and Mines and Minerals (Regulation and Development) Act, 1957. The vehicle was seized by the second respondent and the seizure was reported to the Judicial First Class Magistrate Court, Ottappalam. Later the petitioner moved an application under Section 457 of the Cr.P.C seeking custody of the vehicle. By Annexure A2 order, though the court allowed the application and directed to release the vehicle to the petitioner, a condition has been incorporated directing that original documents of the vehicle showing the right of the petitioner will have to be kept in the custody of the court and the true certified copy from the court shall be issued to him for all legal and practical purposes. Aggrieved by the said condition in Annexure A2 order, the petitioner has moved this Court under Section 482 of the Cr.P.C.

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I heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Crl.M.C.No.4976 of 2021

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In fact such a direction to deposit the original documents

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before court is unwholesome and unwarranted. Section 130 of the Motor Vehicles Act indicates that the driver or owner, as the case may be, of the vehicle will have to show the original documents of the vehicle whenever the authorities demand it. In other words, original documents are expected to be kept in the vehicle itself or at least in the immediate possession of the owner or the driver. If the original documents are deposited in Court, the owner or driver would not be able to honour the said statutory mandate. In the circumstances, such a condition shall stand vacated. The vehicle and the original documents shall be released to the petitioner, subject to the other conditions. The original documents shall be released to the petitioner after retaining a certified copy for the purpose of the court.

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Crl.M.C allowed as above.

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Sd/-

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K.HARIPAL JUDGE

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//True Copy// P.A to Judge

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Jms/04.12

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Crl.M.C.No.4976 of 2021

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	APPENDIX OF CRL.MC 4976/2021
PETITIONER ANNEXURE
Annexure 1	TRUE COPY OF THE ORDER DATED 21.03.2019 IN CRL.M.C.NO.2187/2019 OF THIS HONORABLE COURT.
Annexure 2	TRUE COPY OF THE ORDER DATED 06.04.2019 IN CMP NO.4157/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, OTTAPALAM.
Annexure 3	TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 16.01.2020 IN CRL.M.C.NO.371 OF 2020.
Annexure 4	TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 16.12.2019 IN CRL.M.C.NO.8474 OF 2019.

Abdul Hakkeem v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Hakkeem v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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