Accused sought release of a vehicle seized in a crime, relying on an interim Division Bench direction. The court held such interim direction did not bar the jurisdictional magistrate from deciding Section 451/452 CrPC applications but doubted the application was entertainable at that stage.
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W.P.(C)No.25080 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
WP(C) NO. 25080 OF 2024
CRIME NO.639/2024 OF Thoppumpady Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 01.06.2024 IN CC NO.498
OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI
PETITIONER/ACCUSED:
NAHAR SINGH
AGED 31 YEARS, NAVAL KISHOR VERMA,
HOUSE NO. 52, BINDKI, FATEHPUR, CHHICHHA,
UTTAR PRADESH, PIN – 212 635
BY ADVS.
APPU BABU
GEETHU T.A.
MARY GREESHMA
RESPONDENTS/COMPLAINANTS:
1 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA, PIN – 682 0302 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHARURAM, PIN – 695 0113 SHO THOPPUMPADY POLICE STATION, KOCHI, KERALA, PIN – 682 005OTHER PRESENT:
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.25080 of 2024
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JUDGMENT
Dated this the 12th day of July, 2024
I have no hesitation to hold that the interim direction by a Division Bench in a different context does not interdict the jurisdictional magistrate from passing orders on application for release of vehicles filed under Section 451 or 452 of the Code of Criminal Procedure. Be that as it may, as far as the instant case is concerned, it is doubtful whether, even in the absence of such interdiction, the learned Magistrate can entertain the application for release at this point of time.
The writ petition is hence closed, leaving it open for the petitioner to work out his remedies.
Sd/-
V.G. Arun Judge
vpv
W.P.(C)No.25080 of 2024
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APPENDIX OF WP(C) 25080/2024
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE FIR DATED
21.04.2024 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P1
Exhibit P2THE TRUE COPY OF THE RC OF VEHICLE IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT
P2
Exhibit P3THE TRUE COPY OF THE E-COURT
PROCEEDINGSDATED01.06.2024IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT
P3
Exhibit P4THE TRUE COPY OF THE ORDER IN CMP
1185/2024 DATED 15.06.2024 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P4.
Exhibit P5THE TRUE COPY OF THE INTERIM ORDER
DATED 23.05.2023 IN W.P. (C) 7844/2023
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT P5
Exhibit P6THE TRUE COPY OF THE LETTER DATED
26.06.2024 IS PRODUCED HEREWITH AND
MARKED AS EXHIBIT P6
Exhibit P7THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT CARD DATED 27.06.24 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P7.
1 issue framed by the court
Whether the Magistrate could entertain an application for interim release of a seized vehicle under Sections 451/452 CrPC despite an interim Division Bench direction.
2 provisions across 1 enactments
Nahar Singh
District Collector, Ernakulam
State of Kerala
SHO Thoppumpady Police Station
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court