IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3240 of 2010 ---------------------------------- (CRIME NO.871/2009 OF THE MUNAMBAM POLICE STATION) ............. PETITIONER/ACCUSED: ---------------------------------- ALI ASKAR.K.P, S/O. SAIDALAVI, PALATHINGAL HOUSE, KUTTIPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS/STATE: ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, NORTH PARUR, ERNAKULAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ---------------------------------------- Crl,.M.C.No.3240 of 2010 ----------------------------------------- Dated this the 12th day of August, 2010 ORDER The petitioner who is the sole accused in Crime No.871/2009 of Munambam Police Station for offences punishable under Sections 279, 337 & 338 I.P.C. seeks to quash the proceedings of the police officer forwarding the driving licence of the petitioner (which was seized) to the Motor Vehicles Inspector, Sub Regional Transport Office, North Paravur. The case is still in the Crime stage. Unless and until the petitioner is convicted for the aforesaid offences the driving licence cannot be suspended. The Motor Vehicles Inspector also is not entitled to impound the licence or retain custody of the same with him in the light of the decision in Habeeb Vs. State of Kerala 2009(3) KLT 1019. Accordingly, this petition is disposed of as below:- The second respondent Crl.M.C.No.3240/2010 : 2 : shall produce the driving licence of the petitioner before the Judicial Magistrate of the First Class, North Paravur within three days from today. On production of the driving licence before the Magistrate the same shall be released on interim custody to the petitioner on such terms which the Magistrate may deem fit. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj