IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2433 of 2008() ------------------------- CRIME NO.1204 OF 2008 OF ALUVA POLICE STATION PETITIONER: ------------ AJAS, S/O. ANTRU, AGED 22, KANNATTUPARAMBIL HOUSE, MALAYANKAD, THOTTUMUGHAM, ALUVA (OWNER OF A MINI LORRY BEARING REGISTRATION NO. KL-41-9216) BY ADV. SRI.P.M.ZIRAJ SRI.JOSE MATHEW (PALACHUVADU) RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2433 of 2008 ------------------------------------- Dated this the 2nd day of July, 2008 ORDER The grievance of the petitioner was that an order passed by the learned Judicial Magistrate of the First Class-I, Aluva to release a vehicle in favour of the petitioner conveyed to the respondent - Sub Inspector of Police, Aluva Police Station vide Annexure-3 memo, is not being obeyed and complied with by the Sub Inspector of Police. On going through the records and considering the seriousness of the matter, the S.I was directed to appear in person and explain. The learned Director General of Prosecution has appeared on behalf of the S.I. The S.I has also appeared personally. The learned Director General of Prosecution on behalf of the S.I submits that an erroneous understanding of the order has led to all the confusion. It is submitted that the order has now been complied with. The delay in complying with the order may be condoned and the S.I may be excused, it is submitted. 2. The S.I has appeared in person. I have heard his submissions. I am of the opinion that this Court can be lenient and can accept the explanation of the S.I that an honest error had Crl.M.C. No.2433 of 2008 2 led to the delay in release of the vehicle. I accept the said explanation. The vehicle having already been released, I am satisfied that no further action is necessary in this Crl.M.C. 3. This Crl.M.C is, in these circumstances, dismissed. (R.BASANT, JUDGE) rtr/-