IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 2237 of 2010() ------------------------- CMP.372/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... (CRIME NO.823/09 OF ALUVA POLICE STATION) PETITIONER(S): COUNTER PETITIONER: ------------------------------------------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M.SURESH RESPONDENT(S): PETITIONER: ------------------------------------------------ USMAN, S/O.KUNJU MUHAMMED, VELLAKKUZHI HOUSE, THOTTUMUGHAM, KEEZHMADU, ALUVA, PIN - 683 101. BY ADV. SRI.ANIL K.MOHAMMED THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.3611/2010 IN CRL.M.C.NO.2237/2010 DISMISSED 20/09/2010 SD/- M.SASIDHARAN NAMBIAR,JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2237 OF 2010 =========================== Dated this the 20th day of September,2010 ORDER Scorpieo Car KL 16B-7301 seized by the police in Crime 823/2009 and produced before Judicial First Class magistrate, Aluva was released to the respondent under section 451 of Code of Criminal Procedure as per order dated 17.5.2010 in CMP 372/2010, the application filed by respondent. This petition is filed under section 482 of the Code of Criminal Procedure by the State to quash Annexure B order contending that interim custody was granted to the respondent based on his claim under Annexure A, Registration Certificate of the vehicle and on investigation regarding the genuiness of Annexure A,it was revealed that KL-16B 7301 is a scooter registered by the Joint R.T.O, Crl.M.C.2237/2010 2 Nedumangad and not a scorpieo car at all and therefore Annexure B order passed based on a fake R.C is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure B order shows that learned Magistrate did not consider the question whether the R.C. relied on by the petitioner is genuine or fake. Annexure C certificate of registration of vehicle KL16B-7301, shows that it is a scooter registered on 2.9.2005. Annexure A copy of the R.C shows that KL16B-7301 is a Mahindra Scorpieo car which was registered on 29.3.2005. In the nature of the R.C and the dispute raised, before granting interim custody Judicial First Class Magistrate shall consider whether Annexure A Registration Certificate based on which claim is raised by the respondent is genuine or not. Petition is allowed. Annexure B order is quashed. CMP 372/2010 in Crime 823/2009 is Crl.M.C.2237/2010 3 remanded to Judicial First Class Magistrate, Aluva for fresh disposal in accordance with law. Learned Magistrate shall hear the prosecutor and the petitioner, who filed the petition under section 451 of Code of Criminal Procedure and consider whether the Registration Certificate of the vehicle relied on by the petitioner is genuine or not before granting interim custody. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006