IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2433 of 2008()
1. AJAS, S/O. ANTRU, AGED 22,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/07/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2433 of 2008
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Dated this the 2nd day of July, 2008
ORDER
The grievance of the petitioner was that an order passed by
the learned Judicial Magistrate of the First Class-I, Aluva to release
a vehicle in favour of the petitioner conveyed to the respondent –
Sub Inspector of Police, Aluva Police Station vide Annexure-3
memo, is not being obeyed and complied with by the Sub
Inspector of Police. On going through the records and considering
the seriousness of the matter, the S.I was directed to appear in
person and explain. The learned Director General of Prosecution
has appeared on behalf of the S.I. The S.I has also appeared
personally. The learned Director General of Prosecution on behalf
of the S.I submits that an erroneous understanding of the order
has led to all the confusion. It is submitted that the order has now
been complied with. The delay in complying with the order may
be condoned and the S.I may be excused, it is submitted.
2. The S.I has appeared in person. I have heard his
submissions. I am of the opinion that this Court can be lenient
and can accept the explanation of the S.I that an honest error had
Crl.M.C. No.2433 of 2008 2
led to the delay in release of the vehicle. I accept the said
explanation. The vehicle having already been released, I am
satisfied that no further action is necessary in this Crl.M.C.
3. This Crl.M.C is, in these circumstances, dismissed.
(R.BASANT, JUDGE)
rtr/-