Sain vs State of Kerala, Represented by the Public Prosecutor

SAIN vs State of Kerala, Represented by the Public Prosecutor

Type Court Judgment Court Kerala Decided Oct 12, 2022

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https://sooperkanoon.com/case/1547580

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Citation: sooperkanoon.com/1547580
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Oct 12, 2022
Case Number: Crl.MC/6864/2022

Parties & Advocates

Appellant / Petitioner

SAIN

Respondent

State of Kerala, Represented by the Public Prosecutor

Excerpt

.....perusing all the said documents, i am of the view that the proper course to be adopted in this case is to grant an opportunity to the petitioner to produce all the said documents before the learned magistrate so that the magistrate can peruse the said records and take a decision in the matter, afresh.crl.m.c.no.6864/22 4 in such circumstances, this crl.m.c. is allowed by settingaside the annexure-a1 order and remitting the matter back to the learned magistrate. this is to enable the petitioner to produce all the relevant documents substantiating his title over the said vehicle and to get the vehicle released in favour of the petitioner. upon production of the said documents before the learned magistrate, the same shall be considered, and a fresh decision in this matter shall be taken without any delay.sd/- ziyad rahman a.a. judge dg/13.10.22 crl.m.c.no.6864/22 5 appendix of crl.mc 6864/2022 petitioner annexures annexurea1 true copy of the order in order in c.m.p no: 1140/2022 of judicial first-class magistrate court, kadakkal in crime no. annexure a2 true copy of the petition filed by the petitioner as cmp no 1140 / 2022 before the hon'ble judicial first-class magistrate court, kadakkal annexure a3 true copy of order in crl mc no 6549/2021 of high court of kerala

Full Judgment

Crl.M.C.No.6864/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 12TH DAY OF OCTOBER 2022 / 20TH ASWINA, 1944 CRL.MC NO. 6864 OF 2022 CRIME NO.586/2022 OF Chadayamanagalam Police Station, Kollam AGAINST THE ORDER/JUDGMENTCMP 1140/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL
PETITIONER/PETITIONER: SAIN, AGED 43 YEARS, S/O.MUHAMMED KANNU RAWTHER, CHARUVILA VEEDU, KARYARA MURI, VILAKKUDI VILLAGE, PATHANAPURAM, KOLLAM, PIN - 691 508. BY ADV.M.R.SASITH RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERANAKULAM, PIN - 682 031. 2 THE STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, KOLLAM-, PIN - 691 534. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.6864/22 2

ORDER

The petitioner is the registered owner of a vehicle which was seized by the Police as part of the investigation in Crime No.586 of 2022 of Chadayamangalam Police Station. The aforesaid crime was registered for the offences punishable under Sections 489(B) and

the allegation is that the said vehicle was used for the commission of the crime by the accused person. As part of the investigation, the vehicle was seized by the Police and the petitioner, being the registered owner, submitted C.M.P.No.1140 of 2022 before the Judicial First Class Magistrate Court, Kadakkal under Section 451 Cr.P.C. The said application was rejected as per Annexure-A1 order. This Crl.M.C. is filed challenging the aforesaid order.

2. Heard Sri.M.R.Sasith, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.

3. The main contention put forward by the learned counsel

for the petitioner is that, the petitioner is the registered owner and he is entitled to the custody of the said vehicle. However, without highlighting any valid reason, the learned Magistrate rejected the Crl.M.C.No.6864/22 3 application submitted by the petitioner. On the other hand, the learned Public Prosecutor would point out that the reason on which the learned Magistrate has rejected the aforesaid application is that, the petitioner did not produce any documents substantiating his title over the said vehicle.

4. I have considered the materials placed on record and the

contentions raised from either side. As rightly pointed out by the learned Public Prosecutor, even though the petitioner claimed to be the registered owner of the said vehicle, the order passed by the learned Magistrate would show that he failed to produce any

document substantiating the same. The learned counsel for the petitioner asserts that he is the registered owner of the said vehicle and he made available the copies of the registration certificate and other related documents of the vehicle. After perusing all the said documents, I am of the view that the proper course to be adopted in this case is to grant an opportunity to the petitioner to produce all the said documents before the learned Magistrate so that the Magistrate can peruse the said records and take a decision in the matter, afresh.

Crl.M.C.No.6864/22 4 In such circumstances, this Crl.M.C. is allowed by setting

aside the Annexure-A1 order and remitting the matter back to the learned Magistrate. This is to enable the petitioner to produce all the relevant documents substantiating his title over the said vehicle and to get the vehicle released in favour of the petitioner. Upon production of the said documents before the learned Magistrate, the same shall be considered, and a fresh decision in this matter shall be taken without any delay.

Sd/- ZIYAD RAHMAN A.A. JUDGE DG/13.10.22 Crl.M.C.No.6864/22 5 APPENDIX OF CRL.MC 6864/2022 PETITIONER ANNEXURES AnnexureA1 TRUE COPY OF THE ORDER IN ORDER IN C.M.P NO: 1140/2022 OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, KADAKKAL IN CRIME NO. Annexure A2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS CMP NO 1140 / 2022 BEFORE THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, KADAKKAL Annexure A3 TRUE COPY OF ORDER IN CRL MC NO 6549/2021 OF HIGH COURT OF KERALA

Same Court & Year Kerala · 2022 Same Parties SAIN vs State of Kerala, Represented by the Public Prosecutor Same Judge Honourable Mr.Justice Ziyad Rahman a.a.