Geetha. K. vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 25, 2023

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Citation: sooperkanoon.com/1384277
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Aug 25, 2023
Case Number: Crl.MC/6783/2023

Parties & Advocates

Appellant / Petitioner

Geetha. K.

Respondent

State of Kerala

Excerpt

.....the same in a public area.3. the learned counsel appearing for the petitioner submits thatthe allegations are absolutely false. he had carried the waste in his car for the purpose of disposing of the same by dumping it in a public garbage box. at any rate, there is no justification in seizing the car for such an offence, contends the learned counsel. finally, it is pointed out that the car was seized on 8.7.2023 and it is lying exposed to the vagaries of nature for the past two months.4. heard the learned public prosecutor and have considered the submissions advanced.5. the allegation is that the petitioner had dumped a plastic cover containing waste in a public area. i am of the considered opinion that the retention of the car is not necessary in the facts and circumstances.6. the learned magistrate is directed to release the vehicle to the petitioner by ordering him to execute a bond. the petitioner shall desist from committing similar acts in the future.this petition is disposed of. sd/- raja vijayaraghavan v, judge sma appendix of crl.mc 6783/2023 petitioner annexures :- annexure a a true copy of the registration certificate issued in the name of the petitioner in respect of the vehicle bearing reg. no. kl-27-l-6065 annexure b a true copy of the first information report dated 08-07-2023 at the pulikeezhu police station annexure c a certified copy of the said order dated 14-08-2023 in crl. m.p. 3555/2023 in pulikeezhu police station crime no.485/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 CRL.MC NO. 6783 OF 2023 AGAINST THE ORDER/JUDGMENT CRMP 3355/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, THIRUVALLA
PETITIONER/PETITIONER :- GEETHA. K., AGED 52 YEARS D/O. M.K. KUNJAMMA KULANGARAMADATHIL NEAR ANAND MARGIN FREE MARKET NEDUMPRAM, PODIYADI.P.O. THIRUVALLA, PIN - 680110 BY ADV R.SANTHOSH BABU RESPONDENT/RESPONDENT :- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI. VIPIN NARAYAN, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This petition is filed under Section 482 of the Cr.P.C. challenging the order dated 14.8.2023 passed by the learned Magistrate rejecting the application filed by the petitioner under Section 451 of the Cr.P.C.

2. The petitioner herein is the owner of a Wagon R Car bearing

Registration No.KL-27-L-6065. The allegation is that the petitioner carried a plastic cover containing waste and transported the same in a car for the purpose of dumping the same in a public area.

3. The learned counsel appearing for the petitioner submits that

the allegations are absolutely false. He had carried the waste in his car for the purpose of disposing of the same by dumping it in a public garbage box. At any rate, there is no justification in seizing the car for such an offence, contends the learned counsel. Finally, it is pointed out that the car was seized on 8.7.2023 and it is lying exposed to the vagaries of nature for the past two months.

4. Heard the learned public prosecutor and have considered the submissions advanced.

5. The allegation is that the petitioner had dumped a plastic cover containing waste in a public area. I am of the considered opinion that the retention of the car is not necessary in the facts and circumstances.

6. The learned magistrate is directed to release the vehicle to the petitioner by ordering him to execute a bond. The petitioner shall desist from committing similar acts in the future.

This petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE SMA APPENDIX OF CRL.MC 6783/2023 PETITIONER ANNEXURES :- Annexure A A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER IN RESPECT OF THE VEHICLE BEARING REG. NO. KL-27-L-6065 Annexure B A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 08-07-2023 AT THE PULIKEEZHU POLICE STATION Annexure C A CERTIFIED COPY OF THE SAID ORDER DATED 14-08-2023 IN CRL. M.P. 3555/2023 IN PULIKEEZHU POLICE STATION CRIME NO.485/2023

Same Court & Year Kerala · 2023 Same Parties Geetha. K. vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V