Kerala High Court
Jishal M.P vs State Of Kerala on 25 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:71431
Crl.MC Nos.1258 & 1268 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 1258 OF 2018
CRIME NO.419/2017 OF Kondotty Police Station, Malappuram
AGAINST THE ORDER DATED 14.02.2018 IN CRMP NO.10173 OF 2017
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM
PETITIONER/DEFACTO COMPLAINANT:
JISHAL M.
AGED 25 YEARS, S/O.SHAUMSUDEEN, MP HOUSE,
PULIKKAL, KONDOTTY TALUK, MALAPPURAM.
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENTS/STATE/CLAIMANT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031,(CRIME NO.419/2017 OF KONDOTTY
POLICE STATION, MALAPPURAM DISTRICT).
2 M.K.RANJITH
S/O.M.KUNHIRAMAN, DOOR NO.17,
KAVIMANI NAGAR, 2ND STREET, KOVILAMBAKAM,
CHENNAI.
SRI.SANAL P.RAJ, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.09.2024, ALONG WITH Crl.MC.1268/2018, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
2024:KER:71431
Crl.MC Nos.1258 & 1268 of 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 1268 OF 2018
CRIME NO.419/2017 OF Kondotty Police Station, Malappuram
AGAINST THE ORDER DATED 14.02.2018 IN CRMP NO.10114/ 2017
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM
PETITIONER/DEFACTO COMPLAINANT:
JISHAL M.P
AGED 25 YEARS, S/O.SHAUMSUDEEN, MP HOUSE,
PULIKKAL, KONDOTTY TALUK, MALAPPURAM.
BY ADVS. SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031,
(CRIME NO.419/2017 KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT).
2 M.K.RANJITH
S/O.M.KUNHIRAMAN, DOOR NO.17, KAVIMANI NAGAR,
2ND STREET, KOVILAMBAKAM, CHENNAI.
BY ADVS.SMT.KAVERY S THAMPI
SRI.K.M.SATHYANATHA MENON
SRI.SANAL P.RAK. PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.09.2024, ALONG WITH Crl.MC.1258/2018, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
2024:KER:71431
Crl.MC Nos.1258 & 1268 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. Nos.1258 & 1268 of 2018
----------------------------------------------
Dated this the 25th day of September, 2024
ORDER
These two criminal miscellaneous cases are connected
and therefore, I am disposing these cases by a common order.
2. Petitioner is challenging a common order passed by
the Judicial First Class Magistrate Court, Malappuram, in
Crl.M.P.No.10114/2017 and Crl.M.P.No.10173/2017, by which
an application submitted by the petitioner for interim custody
of a vehicle was rejected and an application submitted by the
party respondent was allowed.
3. Admittedly the common order passed by the
learned Magistrate is an order under Section 451 Cr.P.C. Now
it is submitted that the case is referred. If that is the case, the
learned Magistrate has to pass final order regarding the
interim custody of the vehicle if not already passed.
Therefore, if the final order is not passed by the
2024:KER:71431
Crl.MC Nos.1258 & 1268 of 2018
jurisdictional court regarding custody of the vehicle, the
learned Magistrate will do the needful in accordance with law.
With the above observation, this criminal miscellaneous
case is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2024:KER:71431
Crl.MC Nos.1258 & 1268 of 2018
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE JUDGEMENT IN WP(C)
NO.30464/17 OF THIS HON'BLE COURT.
ANNEXURE II TRUE COPY OF THE FIR IN CRIME NO.419/17
OF KONDOTTY POLICE STATION.
ANNEXURE III TRUE COPY OF THE CMP NO.10173/17 FILED
BY THE PETITIONER.
ANNEXURE IV TRUE COPY OF THE CMP NO.10114/17
SUBMITTED BY THE 2ND RESPONDENT.
ANNEXURE V TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER IN CMP NO.10114/17.
ANNEXURE VI CERTIFIED COPY OF THE COMMON ORDER DATED
14.02.2018 IN CRL.MP NO.10173/2017 IN
CRIME NO.419/2017 OF KONDOTTY POLICE
STATION, MALAPPURAM.
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Crl.MC Nos.1258 & 1268 of 2018
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE JUDGMENT IN
WP(C)NO.30464/17 OF THIS HON'BLE COURT.
ANNEXURE II TRUE COPY OF THE FIR IN CRIME NO.419/17
OF KONDOTTY POLICE STATION.
ANNEXURE III TRUE COPY OF THE CMP NO.10173/17 FILED
BY THE PETITIONER.
ANNEXURE IV TRUE COPY OF THE CMP
NO.10114/17SUBMITTED BY THE 2ND
RESPONDENT.
ANNEXURE V TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER IN CMP NO.10114/17.
ANNEXURE VI CERTIFIED COPY OF THE COMMON ORDER DATED
14-02-2018 IN CRL MP.NO.10114/2017 IN
CRIME NO.419/2017 OF KONDOTTY POLICE
STATION, MALAPPURAM.
