IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 887 of 2011() ----------------------------------- (C.M.P.NO.10483/2010 IN C.M.P.NO. 8992/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... PETITIONER(S): ------------------------ DEEPIN, S/O.MOHANAN, KANDARATHALAYKAL PUTHEN VEEDU, VAZHUTHOOR, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENT(S): -------------------------- 1. K.THANKACHAN, ADDITIONAL SUB INSPECTOR, NEYYATTINKARA POLICE STATION.PIN- 695 532. 2. ALEX, HEAD CONSTABLE, NEYYATTINKARA POLICE STATION.PIN- 695 532 3. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA.PIN- 695 532 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.PIN-682 031 R3 & R4 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.887 of 2011 --------------------------------------- Dated this 29th day of March, 2011 ORDER This criminal miscellaneous case is in challenge of the order on C.M.P.No.10483 of 2010 in C.M.P.No.8992 of 2010 of the Court of learned Judicial First Class Magistrate-I, Neyyattinkara. According to the petitioner, he is the owner in possession of the Mini Lorry and while it was being washed in the river respondent Nos.1 and 2, police men pushed the said lorry into the river. Later police registered Crime No.1336 of 2010 alleging that the lorry was being used for loading sand in violation of law. Petitioner filed C.M.P.No.8992 of 2010 against respondents 1 and 2 under Sec.427 r/w Sec.34 of the Indian Penal Code. In that C.M.P petitioner filed C.M.P.No.10483 of 2010 to issue a search warrant to the Dy.S.P to cause production of the vehicle. That petition was dismissed by the learned Magistrate observing that Sec.93 of the Code of Criminal Procedure under which search warrant is to be issued, does not apply to the facts of the case. That order is under challenge. Learned counsel submits that later the private complaint (C.M.P.No.8992 of 2010) itself was dismissed and petitioner proposes to challenge the dismissal of Crl.M.C.No.887 of 2011 -: 2 :- the private complaint. 2. Now that the complaint itself is not pending, it is not necessary to continue this criminal miscellaneous case. It is open to the petitioner to challenge correctness of the order on C.M.P.No.10483 of 2010 in the proceeding that may be initiated challenging correctness of dismissal of C.M.P.No.8992 of 2010. Reserving the right of petitioner to challenge correctness of order on C.M.P.No.10483 of 2010 in the proceeding that may be initiated against dismissal of private complaint, this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-