IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 5988 of 2004(K) ------------------------- PETITIONER(S): --------------- K.G.PRATHAPAN, MANAGER, B.C.L. FINANCIAL SERVICES LTD. 39/1891 D, II FLOOR, MAMANGALAM, PALARIVATTOM P.O., KOCHI 682 025. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KANGAD, PALAKKAD DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 4. ROY JOSE, S/O. VARGHESE JOSEPH, NJODIYAPPILLY, PERUMBALLOOR P.O., MUVATTUPUZHA. 5. BENNY JOSE, S/O. VARGHESE JOSEPH, NJODIYAPPILLY, PERUMBALLOOR P.O., MUVATTUPUZHA. 6. K.P.JOHNY, S/O.D.KURIAKOSE, PAREYIL HOUSE, KAVUNGARA, MUVATTUPUZHA. 7. A.M.THAMPY, MANGATTU HOUSE, PAZHAYAKUNNUMMEL, KILIMANOOR, THIRUVANANTHAPURAM. SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 5988/04 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE HIRE PURCHASE AGREEMENT EXECUTED BY RESPONDENTS 4 TO 6 IN FAVOUR OF THE PETITIONER ON 3.7.98. EXT.P2 - TRUE COPY OF THE REGISTRATION CERTIFICATE PARTICULARS OF VEHICLE NO.KL 7 S 5085. EXT.P3 - TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.286/99 OF KALAMASSERY POLICE STATION. EXT.P4 - TRUE COPY OF THE MAHZAR DATED 13.12.99 PREPARED BY THE 1ST RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 5988 OF 2004-K ----------------------------------------- JUDGMENT The petitioner was the financier of a goods vehicle bearing registration No.KL-7/S 5085. The 4th respondent was the registered owner of that vehicle. Suddenly, the vehicle disappeared and the petitioner could not locate it. Later, it was found that the vehicle was being operated using a false number TN 45 A 4326. The said vehicle was intercepted and seized by the S.I of Police, Kangad. The petitioner had earlier moved the S.I of Police, Kalamassery, pointing out the missing of the vehicle and the said officer had registered Crime No.286/99. Alleging that the S.I of Police, Kalamassery is not taking any action to get the vehicle released from the S.I of Police, Kangad, this Writ Petition was filed. One of the grievances of the petitioner is that Crime No.286/99 of Kalamassery Police Station, registered as per Ext.P3 FIR is not being properly investigated. If that be so, the remedy of the petitioner lies elsewhere and not before this Court, in view of the recent decision of the Apex Court in Sakiri Vasu v. State of U.P. WPC 5988/04 2 [2008(1) KLT 724(SC)]. If the vehicle is not so far released to him, he may work out his remedy before the Magistrate's court. This Court is not justified in interfering in these matters under Article 226 of the Constitution of India, since the petitioner has remedies under the Civil and Criminal Procedure Codes. Accordingly, the Writ Petition is dismissed. 26th September, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/