Geetha. K vs State Of Kerala
2023 Latest Caselaw 9303 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                  CRL.MC NO. 6783 OF 2023
  AGAINST THE ORDER/JUDGMENT CRMP 3355/2023 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS, THIRUVALLA

PETITIONER/PETITIONER :-

           GEETHA. K., AGED 52 YEARS
           D/O. M.K. KUNJAMMA KULANGARAMADATHIL
           NEAR ANAND MARGIN FREE MARKET NEDUMPRAM,
           PODIYADI.P.O. THIRUVALLA, PIN - 680110

           BY ADV R.SANTHOSH BABU

RESPONDENT/RESPONDENT :-

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

           SRI. VIPIN NARAYAN, SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C.No.6783 of 2023
                                     2




                                   ORDER

This petition is filed under Section 482 of the Cr.P.C. challenging

the order dated 14.8.2023 passed by the learned Magistrate rejecting

the application filed by the petitioner under Section 451 of the Cr.P.C.

2. The petitioner herein is the owner of a Wagon R Car bearing

Registration No.KL-27-L-6065. The allegation is that the petitioner

carried a plastic cover containing waste and transported the same in a

car for the purpose of dumping the same in a public area.

3. The learned counsel appearing for the petitioner submits that

the allegations are absolutely false. He had carried the waste in his car

for the purpose of disposing of the same by dumping it in a public

garbage box. At any rate, there is no justification in seizing the car for

such an offence, contends the learned counsel. Finally, it is pointed out

that the car was seized on 8.7.2023 and it is lying exposed to the

vagaries of nature for the past two months.

4. Heard the learned public prosecutor and have considered the

submissions advanced.

Crl.M.C.No.6783 of 2023

5. The allegation is that the petitioner had dumped a plastic

cover containing waste in a public area. I am of the considered opinion

that the retention of the car is not necessary in the facts and

circumstances.

6. The learned magistrate is directed to release the vehicle to

the petitioner by ordering him to execute a bond. The petitioner shall

desist from committing similar acts in the future.

This petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE SMA Crl.M.C.No.6783 of 2023

APPENDIX OF CRL.MC 6783/2023

PETITIONER ANNEXURES :-

Annexure A A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER IN RESPECT OF THE VEHICLE BEARING REG. NO. KL-27-L-6065

Annexure B A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 08-07-2023 AT THE PULIKEEZHU POLICE STATION

Annexure C A CERTIFIED COPY OF THE SAID ORDER DATED 14-08-2023 IN CRL. M.P. 3555/2023 IN PULIKEEZHU POLICE STATION CRIME NO.485/2023