Abdul Salim vs State Of Kerala
2021 Latest Caselaw 6276 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.4437 OF 2021(D)


PETITIONER:

               ABDUL SALIM
               AGED 51 YEARS
               S/O MUHAMMAD SALI,
               MAHARBA HOUSE, KOTTARKKARA THALUK, POREDAM (POST),
               KOLLAM DISTRICT.

               BY ADV. SRI.B.BALA PRASANNAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY HOME SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE STATION HOUSE OFFICER
               CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT-
               691534.

      3        SAJUDEEN
               AGE AND FATHERS NAME IS NOT KNOWN TO THE PETITIONER,
               HEREIN , HAFEED MANZIL,
               KOTTUKKAL VILLAGE,
               CHUNDA-691533.

      4        SHAJAHAN
               AGE AND FATHERS NAME IS NOT KNOWN TO THE PETITIONER,
               HEREIN, HIMA MANZIL,
               ANCHAL VILLAGE, THAZHAMAL-691306.

      5        ELTHOSE
               AGE AND FATHERS NAME IS NOT KNOWN TO THE PETITIONER
               HEREIN, THEROTTAM, VEEDU, MOOVATTUPUZHA THALUK,
               EZHAKKARANADU VILLAGE-682308.



               SR.PP.C.S.HRITHWIK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Wpc 4437/2021                           2

                                    V.G.ARUN, J.

                ===========================
                        W.P.(C).No.4437 of 2021
                ===========================
                 Dated this the 22nd day of February, 2021

                                 JUDGMENT

The petitioner is seeking release of a vehicle, which was seized in

connection with Crime No.26 of 2021 of Chadayamangalam Police Station. A

perusal of the writ petition shows that the petitioner has approached this

court, even without moving the jurisdictional Magistrate Court. In such

circumstances, the writ petition cannot be entertained.

2. Learned counsel for the petitioner submits that the petitioner shall

approach the Magistrate Court with an appropriate application and prays for

a direction to consider the application expeditiously. It is for the petitioner

to approach the jurisdictional Magistrate with an application seeking release

of the vehicle. In such event, the learned Magistrate will consider the

application and pass appropriate orders, for which no direction need be

issued by this court.

The writ petition is dismissed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE CMP NO 1255/2020 FILED BY THE PETITIONER AGAINST THE 3,4 AND 5TH RESPONDENT 23/12/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKAL.

EXHIBIT P2 THE TRUE COPY OF THE FIR HAVING NO.26/2021 OF CHADAYAMANGALAM POLICE STATION DATED 06.01.2021.

EXHIBIT P3 THE TRUE COPY OF THE FIRST CASE STATUS OF THE BAIL APPLICATION HAVING NO.1322/2021.