IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.Rev.Pet.No. 404 of 2009(A) ----------------------------- CMP.3809/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER:- --------------------- FIROZ BABU, S/O.MOHAMMED MAJEEB VARATHICHOLA HOUSE, MAMPAD PO, MALAPPURAM DISTRICT. BY ADV. MR. P.SHAMSUDIN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE NILMABUR. 2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVT.SECRETARIATE THIRUVANANTHAPURAM. ADV. MR. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 404 of 2009 ========================= Dated this the 18th day of February, 2009. O R D E R The petitioner who claims to be the registered owner of a mini lorry bearing registration No. KL-11-X-1131, challenges the order dated 06.01.2009 passed by the Judicial First Class Magistrate Nilambur dismissing C.M.P. No. 3809 of 2008 filed by the petitioner under Section 457 Cr.P.C seeking interim custody of the lorry. 2. The lorry was seized by invoking Section 17 of the Anti-Social Activities (Prevention) Act, 2007 and the matter has been reported to the District Collector, Malappuram. No crime is registered before any police station nor any report under Section 102 Cr.P.C submitted to the Magistrate. Hence the Magistrate was fully justified in dismissing the application for interim custody. This revision is accordingly dismissed without prejudice to the right of the petitioner to move the District Magistrate (District Collector) under Section 17(3) of the Kerala Anti-Social Activities (Prevention) Act, 2007. Dated this the 18th day of February, 2009. V. RAMKUMAR, JUDGE. rv