IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2006 of 2008()
1. SAJEESH, S/O.MADHAVAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.KISHOR B.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/05/2008
O R D E R
R. BASANT, J.
-----------------------------------------------
Crl.M.C. No. 2006 OF 2008
-----------------------------------------------
Dated this the 30th day of May, 2008
O R D E R
The petitioner claims to be the owner of a vehicle which is
involved in Crime No.203/2008 registered at the Thrithala Police
Station alleging commission of offences punishable under the
Kerala Protection of River Banks & Regulation of Removal of Sand
Act, 2001. The seizure was effected on 21.05.08. Crime has
been registered. Without and before moving the learned
Magistrate under Section 457 Cr.P.C or the Collector under the
provisions of the said Act, petitioner has rushed to this Court with
this petition.
How is this petition maintainable? Why has the petitioner
come to this Court before moving the learned Magistrate? There
is no satisfactory answer. I am satisfied in these circumstances
that the proper course is to direct the petitioner to approach the
learned Magistrate and seek release of the vehicle under Section
457 Cr.P.C. Appropriate orders must be passed by the learned
Crl.M.C. No. 2006 OF 2008
2
Magistrate and if aggrieved, the petitioner can certainly seek his
remedy later.
This Crl.M.C is in these circumstances dismissed with the
above observations.
R. BASANT, JUDGE
ttb
Crl.M.C. No. 2006 OF 2008
3
Crl.M.C. No. 2006 OF 2008
4