IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929 Crl.MC.No. 801 of 2007() ------------------------ PETITION BEFORE THE SUB DIVISIONAL MAGISTRATE PETITIONER: PETITIONER ---------------------- RAJEEV,S/O.CHAKRAPANI,VAMANAPURAM P.O, VAMAPURAM VILLAGE,TRIVANDRUM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. THE SUB INSPECTOR OF POLICE,KADAKKAL POLICE STATION,KADAKKAL,KOLLAM DISTRICT,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB DIVISIONAL MAGISTRATE,KOLLAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 801 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2007 O R D E R The short grievance of the petitioner is that a motor pump belonging to him, which has been seized by the police and which has been produced before the Sub Divisional Magistrate, has not so far been released to him, even though he had applied for release of the same. Annex.A2 is the petition submitted by the petitioner before the Sub Divisional Magistrate. Annex.A3 is the order of the Sub Divisional Magistrate calling for objections, if any, and Annex.A4 is the report submitted by the police officer concerned. 2. I have no hesitation to agree that the Sub Divisional Magistrate must dispose of Annex.A2 application expeditiously. A direction is hence issued to the Sub Divisional Magistrate to dispose of Annex.A2 in accordance with law and expeditiously, at any rate, within a period of 10 days from the date on which a copy of this order is produced before the Sub Divisional Magistrate. Crl.M.C.No. 801 of 2007 2 3. This Crl.M.C. is allowed in part with the above directions. Needless to say, the order passed by the Sub Divisional Magistrate can be challenged in accordance with law by the petitioner, if need arises. 4. Hand over copy of the order to the learned counsel for the petitioner. The learned Prosecutor shall also convey the direction to the Sub Divisional Magistrate. (R. BASANT) Judge tm