Ashraf vs. Sub Inspector Of Police, Payyanur Police Station - Kerala High Court, 07 June 2018

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940 Crl.MC.No. 2406 of 2018 CRIME NO. 73/2018 OF PAYYANNUR POLICE STATION , KANNUR DISTRICT PETITIONER: ASHRAF.P. S/O. MARAKKAR, AGED 40 YEARS, PANGUMVALAPPIL HOUSE, MACHAN THODU, THACHAN PARA, PALAKKAD DISTRICT. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. SUB INSPECTOR OF POLICE, PAYYANUR POLICE STATION KANNUR DISTRICT, PIN-670307. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 3. THE GEOLOGIST, MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KANNUR-670001. BY SENIOR PUBLIC PROSECUTOR SRI.C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PBS Crl.MC.No. 2406 of 2018 () APPENDIX PETITIONER(S)' ANNEXURES. ANNEXURE.A1. TRUE COPY OF THE GST REGISTRATION ISSUED M/S. SHA TRADERS AND MINERALS. ANNEXURE A2. TRUE COPY OF THE TRANSIT PASS ISSUED BY THE ASSISTANT DIRECTOR OF MINING AND GEOGOLOGY, ANDRA PRADESH DATED 10-01-2018. ANNEXURE A3. TRUE COPY OF THE E-WQY BILL GENERATED FOR TRANSPORTATION TO KERALA. ANNEXURE A4. TRUE COPY OF THE FIR IN CRIME NO. 73/2018 REGISTERED BY THE PAYYANNUR POLICE. ANNEXURE A5. TRUE COPY RELEASE ORDER DATED 31-01-2018 ISSUED TO RELEASE THE VEHICLE WITH LOAD. RESPONDENT'S ANNEXURES NIL /TRUE COPY/ PS TO JUDGE PBS 8/6/2018 K.ABRAHAM MATHEW J. -------------------------------------------- Crl.M.C. NO.2406 OF 2018 ----------------------------------------------- Dated this the 7th day of June, 2018

ORDER Petition filed under Section 482 Cr.P.C.

Petitioner is the accused in Crime No.73 of 2018 of Payyannur Police Station registered for the offence under Section 4(1) (A) and Section 21(1) Mining and Minerals (Development & Regulation) Act. The vehicle used to transport the sand was seized by the police. It is stated that on the application filed by the petitioner under Section 451 Cr.P.C the learned Magistrate directed to release the vehicle as he was satisfied that the vehicle was not involved in committing any offence as alleged by the prosecution. The prayer is to quash the FIR.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Merely because the vehicle was released to the petitioner pursuant to the orders passed by the learned Magistrate the FIR cannot be quashed. The only document produced by the petitioner is the release order passed by the learned Magistrate. There are no materials

Crl.M.C. NO.2406 OF 2018 2 before the court even to hold that the Magistrate was satisfied that no offence is made out. In the result, this Crl.M.C is closed. The third respondent is directed to conduct an impartial and independent investigation without delay K.ABRAHAM MATHEW JUDGE pm