Rahima vs State of Kerala

Type Court Judgment Court Kerala Decided May 03, 2019

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Citation: sooperkanoon.com/1900439
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: May 03, 2019
Case Number: Crl.MC/2723/2019

Parties & Advocates

Appellant / Petitioner

Rahima

Respondent

State of Kerala

Excerpt

.....hrithwik pp this criminal misc. case having come up for admission on 03.05.2019, the court on the same day passed the following:order1. the petitioner claims to be the owner of a vehicle bearingregistration no.tn-39-bx-4466. the petitioner's vehicle was seized by the second respondent on 28.3.2019, alleging violation of the provisions of the kerala conservation of paddy land and wet land act, 2008. according to the petitioner, the seizure has not been reported to the jurisdictional magistrate court as provided under section 102(3) of the code of criminal procedure. the prayer in this petition is to direct the second or the third respondent to produce the vehicle before the jurisdictional judicial magistrate court and to release the same to the petitioner on interim custody.2. having heard the learned counsel for the petitioner andthe learned public prosecutor, i am of the opinion that it is sufficient that a direction is issued to the petitioner to file a petition under section 457 cr.pc before the concerned judicial magistrate, who shall then call for a report from the officer concerned and pass appropriate orders.3. the cril.m.c. is disposed of with the above direction. sd/- v. g. arun judge kkb. appendix petitioner's/s exhibits: annexure 1 true copy of the seizure mahassar prepared by the second respondent dated 28.03.2019 in connection with seizure of vehicle of petitioner.annexure 2 true copy of the order dated 8.10.2018 in crl.m.c. no.6649/2018. annexure 3 true copy of the order dated 7.12.2018 in crl.m.c. no.8111/2018. annexure 4 true copy of the order dated 17.01.2017 in crl.m.c.no.21 of 2017. annexure 5 true copy of the order dated 19.12.2017 in crl.m.c. no.8662/2017.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 03RD DAY OF MAY 2019 / 13TH VAISAKHA, 1941 Crl.MC.No. 2723 of 2019 PETITIONER/S: RAHIMA AGED 45 YEARS W/O. AMANULLA, 48/B, PERUMAL KOIL STREET, FORT COIMBATORE, TAMIL NADU, -681018, (OWNER OF VEHICLE BEARING REGISTRATION NO.TN-39-BX-4466) BY ADV. SRI.P.M.ZIRAJ RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE VILLAGE OFFICER, VADAKKANCHERY II VILLAGE, PALAKKAD DISTRICT-680562, 3 THE SUB INSEPCTOR OF POLICE, VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT- 681562. OTHER PRESENT: C.S. HRITHWIK PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

1. The petitioner claims to be the owner of a vehicle bearing

Registration No.TN-39-BX-4466. The petitioner's vehicle was seized by the second respondent on 28.3.2019, alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. According to the petitioner, the seizure has not been reported to the jurisdictional Magistrate Court as provided under Section 102(3) of the Code of Criminal Procedure. The prayer in this petition is to direct the second or the third respondent to produce the vehicle before the jurisdictional Judicial Magistrate Court and to release the same to the petitioner on interim custody.

2. Having heard the learned counsel for the petitioner and

the learned Public Prosecutor, I am of the opinion that it is sufficient that a direction is issued to the petitioner to file a petition under section 457 Cr.PC before the concerned Judicial Magistrate, who shall then call for a report from the officer concerned and pass appropriate orders.

3. The Cril.M.C. is disposed of with the above direction. Sd/- V. G. ARUN Judge kkb. APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE SEIZURE MAHASSAR PREPARED BY THE SECOND RESPONDENT DATED 28.03.2019 IN CONNECTION WITH SEIZURE OF VEHICLE OF PETITIONER.

ANNEXURE 2 TRUE COPY OF THE ORDER DATED 8.10.2018 IN CRL.M.C. NO.6649/2018. ANNEXURE 3 TRUE COPY OF THE ORDER DATED 7.12.2018 IN CRL.M.C. NO.8111/2018. ANNEXURE 4 TRUE COPY OF THE ORDER DATED 17.01.2017 IN CRL.M.C.NO.21 OF 2017. ANNEXURE 5 TRUE COPY OF THE ORDER DATED 19.12.2017 IN CRL.M.C. NO.8662/2017.

Same Court & Year Kerala · 2019 Same Parties Rahima vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun