Sanjith vs State Of Kerala
2022 Latest Caselaw 3073 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

             THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

                                CRL.MC NO. 3503 OF 2021

AGAINST THE ORDER/JUDGMENT IN CC 1291/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,

                                     KASARAGOD

PETITIONER/ACCUSED:

             SANJITH,
             AGED 33 YEARS
             S/O. PRABHAKARA, MAVUNINNA KULANGARA HOUSE, THIRUPURAM VILLAGE,
             NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
             BY ADVS.
             HEMALATHA
             BINU GEORGE


RESPONDENT/STATE:

             STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, PIN-682 031

OTHER PRESENT:

             SR.PP - SRI. HRITHWUK C.S.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M. C. NO. 3503 OF 2021
                                         2




                                    ORDER

Petitioner is the accused in C. C. No. 1291 of 2017 on the

file of the Judicial First Class Magistrate's Court-II, Kasaragod,

and the prayer is to quash the proceedings. Now the learned

counsel for the petitioner submits that by judgment dated 17 th

March, 2020 the petitioner stands acquitted by the trial court.

However, it is stated that the vehicle has not been released.

2. It is interesting to note that the proceedings had ended

much before the petitioner had approached this Court seeking

to quash the same. The offences alleged against the petitioner

were under Section 379 of the IPC and Section 20 of the Kerala

Protection of River Banks and Regulation of Removal of Sand

Act, 2001, hereafter referred to as the Act. In the nature of the

allegations, when the main proceeding is terminated and the

accused acquitted, the court is expected to pass orders on the

disposal of the property as well. Here, that is not done. The

learned counsel complained that orders have bot been passed Crl. M. C. NO. 3503 OF 2021

releasing the vehicle to the petitioner. But it is not known

whether proceedings have been initiated under Section 23A of

the Act. The petitioner can approach the appropriate

authorities for passing orders touching the disposal of the

vehicle.

The Criminal Miscellaneous Case is closed.

Sd/-

K. HARIPAL JUDGE RMV/17/03/2022

APPENDIX OF CRL.MC 3503/2021

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO. 560/2016 OF MANJESWAR POLICE STATION.

Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 560/2016 OF MANJESWAR POLICE STATION.

Annexure A3 A TRUE COPY OF THE GOVERNMENT ORDER DATED 14.12.2009. Annexure A4 A TRUE COPY OF CIRCULAR NO. 58289/P3/2010/REVENUE DATED 11.11.2010.

Annexure A5 A TRUE COPY OF THE INVOICE NO. 3884 DATED 25.09.2016 ISSUED BY PULIMOOTIL ENTERPRISES, PLOT NO. 1248 CHAULIAGANJM-VIHAR, CUTTAK, ODISHA. Annexure A6 A TRUE COPY OF ADVANCE TAX UTILIZATION RECEIPT DATED 27.09.2016.

Annexure A7 A TRUE COPY OF FORM NO. 15 DELIVERY NOTE DATED 27.09.2016.

Annexure A8 A TRUE COPY OF THE JUDGMENT DATED 29.01.2019 IN CRL.M.C.

NO.219/2019

TRUE COPY

P.A.TO JUDGE