IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 2006 of 2008() ------------------------- PETITIONER: ACCUSED -------------------------- SAJEESH, S/O.MADHAVAN, VETTUKKATTUVALAPPIL HOUSE, POST THRITHALA, PALAKKAD DISTRICT. BY ADV. SRI.KISHOR B. SRIKVIDYASAGAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION. BY PUBLIC PROSECUTOR, SRI. JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2006 OF 2008 ----------------------------------------------- Dated this the 30th day of May, 2008 O R D E R The petitioner claims to be the owner of a vehicle which is involved in Crime No.203/2008 registered at the Thrithala Police Station alleging commission of offences punishable under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001. The seizure was effected on 21.05.08. Crime has been registered. Without and before moving the learned Magistrate under Section 457 Cr.P.C or the Collector under the provisions of the said Act, petitioner has rushed to this Court with this petition. How is this petition maintainable? Why has the petitioner come to this Court before moving the learned Magistrate? There is no satisfactory answer. I am satisfied in these circumstances that the proper course is to direct the petitioner to approach the learned Magistrate and seek release of the vehicle under Section 457 Cr.P.C. Appropriate orders must be passed by the learned Crl.M.C. No. 2006 OF 2008 2 Magistrate and if aggrieved, the petitioner can certainly seek his remedy later. This Crl.M.C is in these circumstances dismissed with the above observations. R. BASANT, JUDGE ttb Crl.M.C. No. 2006 OF 2008 3 Crl.M.C. No. 2006 OF 2008 4