IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19753 of 2011(T) -------------------------- PETITIONER(S): --------------- SHIHABUDHEEN, S/O. THATTARATHODI ABDU, MATTATHUR AMSOM, DESOM, POST OTHUKKUNGAL, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT. GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19753 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF KL 58-A 4621 DATED 1.1.2008 EXT.P2 : THE TRUE COPY OF THE GOODS CARRIAGE PERMIT OF KL-58-A-4621 DATED 25.2.2011 EXT.P3 : THE TRUE COPY OF THE INSURANCE CERTIFICATE OF KL 58-A-4621 DATED 17.2.2011 EXT.P4 : THE TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE RESPONDENT DATED 12.7.2011 EXT.P5 : THE TRUE COPY OF THE FIR DATED 12.7.2011 IN CRIME NO.366/11 OF TANUR POLICE STATION (True copy) P.A To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).19753/2011 .............................................. Dated this the 20th day of July, 2011 JUDGMENT 1.Petitioner claims to the registered owner of a Tipper Lorry bearing registration No.KL-58A-4621. The vehicle was seized by the first respondent for the offence under Section 279 IPC and Ext.P4 seizure mahazar has been prepared. Ext.P5 FIR was also registered. It is in these circumstances, the petitioner has approached this Court seeking to quash Ext.P4 and to direct release of the vehicle. 2.In my view, the prayer sought in this writ petition is misconceived. If any crime is registered and the vehicle is seized, the Investigating Officer is required to produce the vehicle before the Magistrate Court concerned. In such a situation, the remedy available to the registered owner is to approach the concerned Magistrate seeking interim custody of the vehicle. Therefore, as at present, the writ petition is misconceived. It is only to be dismissed and I do so. ANTONY DOMINIC, Judge mrcs