IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3885 of 2010()
1. ABDULLA JUNAID,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3885 of 2010
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ORDER
Petitioner filed C.M.P.No.502/2010 in Crime No.
512/2009 of Medical College Police Station,
Thiruvananthapuram, registered for the offence under
Sections 14(a) and (b) of Foreigners Act, before
Additional Chief Judicial Magistrate’s Court,
Thiruvananthapuram to release the articles seized from
him under Section 451 of Code of Criminal Procedure. By
Annexure-3 non speaking order, learned Magistrate
dismissed the petition. Petitioner challenged that
order before Sessions Court, Thiruvananthapuram in
Crl.R.P.No.56/2010. Learned Sessions Judge dismissed
the revision holding that no revision will lie, as it
is an order passed under Section 451 of Code of
Criminal Procedure. This petition is filed under
Section 482 of Code of Criminal Procedure to quash
Annexure-3 order.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
CRMC 3885/10 2
3. Annexure-3 order shows that learned Magistrate
did not consider the question whether the articles
seized and sought to be released in C.M.P.No.502/2010
are the personal belongings of the petitioner and
whether some or all the articles are needed for trial
or could be released. The petition was dismissed only
on the ground that petitioner is an accused and the
articles are required for trial. The question whether
each item is required for trial was not considered.
4. In such circumstances, petition is allowed.
Annexure-3 order is quashed. C.M.P.No.502/2010 is
remitted to Additional Chief Judicial Magistrate’s
Court, Thiruvananthapuram. Learned Chief Judicial
Magistrate is directed to re-consider C.M.P.No.
502/2010, considering the contentions raised by the
petitioner, after hearing the Prosecutor also and pass
appropriate order, in accordance with law, within
thirty days from the date of receipt of a copy of this
order.
22nd September, 2010 (M.Sasidharan Nambiar, Judge)
tkv