Siddikk vs Inspector of Police

Type Court Judgment Court Kerala Decided Feb 10, 2022

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Citation: sooperkanoon.com/1445346
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 10, 2022
Case Number: WP(C)/2428/2022

Parties & Advocates

Appellant / Petitioner

Siddikk

Respondent

Inspector of Police

Excerpt

.....for considering the request of the petitioners for effecting interim release of the vehicles.2. the learned counsel for the petitioners submits thatthe vehicles were seized by the respondent on 12.01.2022 and that the records with regard to the seizure have not been forwarded to the jurisdictional magistrate.3. in view of the fact that the learned counsel for thepetitioners submits that the petitioners have not committed any offence and that the issue is liable to be considered by the jurisdictional magistrate, i am of the opinion that it is for the vehicles to the jurisdictional magistrate to enable the petitioners to submit application for interim release of the vehicles, in accordance with law. -: 3 :- there will, accordingly, be a direction to the vehicles to the jurisdictional magistrate within one week from the date of receipt of a copy of this judgment. the petitioners are free to move the said court, in accordance with law. this writ petition is ordered accordingly. sd/- anu sivaraman judge jvt/10.2.2022 -: 4 :- appendix of wp(c) 2428/2022 petitioner exhibits exhibit- p1 true copy of the mahassar dated 12.1.2022 prepared by the respondent exhibit- p2 true copy of the order of this honourable court dated 3.12.2020 in crl.m.c.no.5464/2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 10TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943 PETITIONERS :-
1 SIDDIKK, AGED 61 YEARS S/O.MUHAMMED, CHEDAMBATH HOUSE, MUTHUKURISSI, THACHAMPARA, MANNARKKAD, PALAKKAD DISTRICT KL-11-AF-0389) 2 SIBY M.U., AGED 38 YEARS S/O.ULAHANNAN, MUKKIDIKATTIL HOUSE, VAZHAMPURAM, MANNARKKAD, PALAKKAD DISTRICT, PIN:676 595. KL-50-A-9567) 3 DINESH KUMAR, AGED 33 YEARS S/O.DILEEPKUMAR, POYYAMPUZHAYIL HOUSE, KALLAMALA P.O., MANNARKKAD, PALAKKAD DISTRICT. (OWNER OF JCB EXCAVATOR BEARING REGISTRATION NO. KL-60-B-8303) BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ
RESPONDENT :- INSPECTOR OF POLICE KALLADIKKODE POLICE STATION, PALAKKAD DISTRICT, PIN:678 596. BY SMT.VINITHA B, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

JUDGMENT

Dated this the 10th day of February, 2022 This writ petition is filed seeking directions to the respondent to report the seizure of the vehicles of the petitioners bearing registration Nos.KL-11-AF-0389, KL-50-A- 9567 and KL-60-B-8303 respectively to the concerned jurisdictional Magistrate for considering the request of the petitioners for effecting interim release of the vehicles.

2. The learned counsel for the petitioners submits that

the vehicles were seized by the respondent on 12.01.2022 and that the records with regard to the seizure have not been forwarded to the jurisdictional Magistrate.

3. In view of the fact that the learned counsel for the

petitioners submits that the petitioners have not committed any offence and that the issue is liable to be considered by the jurisdictional Magistrate, I am of the opinion that it is for the vehicles to the jurisdictional Magistrate to enable the petitioners to submit application for interim release of the vehicles, in accordance with law. -: 3 :- There will, accordingly, be a direction to the vehicles to the jurisdictional Magistrate within one week from the date of receipt of a copy of this judgment. The petitioners are free to move the said court, in accordance with law. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Jvt/10.2.2022 -: 4 :- APPENDIX OF WP(C) 2428/2022 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE MAHASSAR DATED 12.1.2022 PREPARED BY THE RESPONDENT Exhibit- P2 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 3.12.2020 IN CRL.M.C.NO.5464/2020

Same Court & Year Kerala · 2022 Same Parties Siddikk vs Inspector of Police Same Judge Honourable Mrs. Justice Anu Sivaraman