Ismail.P vs State Of Kerala
2024 Latest Caselaw 26568 Ker

Kerala High Court

Ismail.P vs State Of Kerala on 5 September, 2024

Author: P.V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                         2024:KER:68182


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
                      CRL.MC NO. 4593 OF 2017
     CRIME NO.531/2011 OF Manjeswar Police Station, Kasargod
        AGAINST THE ORDER/JUDGMENT DATED 30.07.2016 IN CMP NO.1266
   OF 2016 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS
                        TRIBUNAL, KASARAGOD

PETITIONER/APPELLANT/PETITIONER :

           ISMAIL.P
           AGED 26 YEARS, S/O. MUHAMMED, R/AT LAKSHAM VEEDU
           COLONY,PAIVALIKE VILLAGE, MANJESHWAR TALUK, KASARAGOD
           DISTRICT.


           BY ADV SRI.S.JIJI


RESPONDENT/STATE:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           ERNAKULAM.

    2      THE DISTRICT COLLECTOR
           KASARAGOD, CIVIL STATION, VIDYANAGAR POST,
           KASARAGOD - 671 123.

    3      THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
           KASARAGOD AT HOSDURG, HOSDURG POST,
           KANHANGAD - 671 310.

    4      THE STATION HOUSE OFFICER
           MANJESHWAR POLICE STATION,MANJESHWAR POST, KASARAGOD -
           672 541.
 CRL.M.C.No.4593 of 2017           2


                                                         2024:KER:68172



          SRI.RENJITH.T.R, SR.PP


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
05.09.2024,    THE   COURT   ON       THE   SAME   DAY    PASSED   THE
FOLLOWING:
 CRL.M.C.No.4593 of 2017             3


                                                          2024:KER:68172


                    P.V. KUNHIKRISHNAN, J.
                -------------------------------------------
                   Crl.M.C.No. 4593 of of 2017
       ---------------------------------------------------------
        Dated this the 5th day of September, 2024

                                ORDER

This Criminal Miscellaneous is filed with the following

prayers;

" to allow this petition and the direction passed by the 2nd respondent District Collector Kasaragod in Dis.No. G2-43033/2011 on 27.02.2017 as A-6 notice directing the 4 th respondent to take vehicle in custody may be quashed."

2. The impugned order in this case, is a notice issued

by the District Collector to the Station house officer,

Majeshwar. I am of the considered opinion that, a petition

under Section 482 Cr.P.C is not maintainable against such a

notice. If the petitioner is aggrieved by Annexure A-6, the

petitioner is free to challenge the same in accordance with

law.

2024:KER:68172

Therefore, this Criminal Miscellaneous Case is

dismissed as not maintainable granting liberty to the petitioner

to agitate the same separately in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SCB

2024:KER:68172

PETITIONER ANNEXURES

ANNEXURE A-1 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25.10.2011.

ANNEXURE A-2 TRUE COPY OF THE RECEIPT DATED 15.10.2011 FOR THE REMITTANCE OF AN AMOUNT OF RS. 67,500/-

ANNEXURE A-3 TRUE COPY OF THE NOTICE DATED 27.07.2015 OF THE 2ND RESPONDENT.

ANNEXURE A-4 TRUE COPY OF THE ORDER IN CRL. M.P.NO.

1266/2016 DATED 30.07.2016.

ANNEXURE A-5 TRUE COPY OF THE JUDGMENT IN CRL.APPEAL NO. 81/2016 DATED 30.07.2016.

ANNEXURE A-6 TRUE COPY OF THE NOTICE DATED 27.02.2017 ISSUED BY THE 2ND RESPONDENT.