IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3885 of 2010() ------------------------------------- CRRP.56/2010 OF SESSIONS COURT, THIRUVANANTHAPURAM. CMP.502/2010 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. CRIME NO.512/2009 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. ........................ PETITIONER/PETITIONER/ACCUSED ----------------------------------------------------- ABDULLA JUNAID, S/O.HASSAN MALIMI, RESIDING AT T.C.9/809, AISWARYA, VINAYAKA NAGA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN. RESPONDENTS/COUNTER PETITIONER/COMPLAINANT/ DEFACTO COMPLAINANT ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3885 of 2010 -------------------------- ORDER Petitioner filed C.M.P.No.502/2010 in Crime No. 512/2009 of Medical College Police Station, Thiruvananthapuram, registered for the offence under Sections 14(a) and (b) of Foreigners Act, before Additional Chief Judicial Magistrate's Court, Thiruvananthapuram to release the articles seized from him under Section 451 of Code of Criminal Procedure. By Annexure-3 non speaking order, learned Magistrate dismissed the petition. Petitioner challenged that order before Sessions Court, Thiruvananthapuram in Crl.R.P.No.56/2010. Learned Sessions Judge dismissed the revision holding that no revision will lie, as it is an order passed under Section 451 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-3 order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 3885/10 2 3. Annexure-3 order shows that learned Magistrate did not consider the question whether the articles seized and sought to be released in C.M.P.No.502/2010 are the personal belongings of the petitioner and whether some or all the articles are needed for trial or could be released. The petition was dismissed only on the ground that petitioner is an accused and the articles are required for trial. The question whether each item is required for trial was not considered. 4. In such circumstances, petition is allowed. Annexure-3 order is quashed. C.M.P.No.502/2010 is remitted to Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. Learned Chief Judicial Magistrate is directed to re-consider C.M.P.No. 502/2010, considering the contentions raised by the petitioner, after hearing the Prosecutor also and pass appropriate order, in accordance with law, within thirty days from the date of receipt of a copy of this order. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv