IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 557 of 2008() ---------------------------- CRIME NO. 70/2008 of MALAPPURAM POLICE STATION C.M.P. NO. 449/2008 of JUDICIAL FIRST CLASS MAGISTRATE, MALAPPURAM PETITIONER: ------------ POCKER HAJI K.V., S/O. AYISHA, KARUVALLI HOUSE, MAKKARAPARAMBU, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 557 of 2008B ========================== Dated this the 11th day of February, 2008. O R D E R The petitioner, who claims to be the registered owner of a mini lorry bearing registration No. KL-53/453, seeks a direction to the Judicial First Class Magistrate, Malappuram to grant interim custody of the said lorry to the petitioner. According to the petitioner, the said lorry met with an accident by hitting against a motorbike resulting in the Malappuram Police registering a case as Crime No. 70/2008 for offences punishable under Sections 279, 337 and 338 IPC. 2. The learned Public Prosecutor would submit that the vehicle was illicitly carrying sand and the vehicle has been seized by the Tahsildar and entrusted with the S.I of Police, Malappuram. 3. Whatever that may be, an application filed as C.M.P. No. 449/2008 by the petitioner before the learned Magistrate seeking interim custody of the vehicle is stated to be still pending without the same having been disposed of. In the fitness of things, the learned Magistrate should dispose of the said application. Accordingly, this Crl. M.C is disposed of directing the Judicial First Class Magistrate, Malappuram to dispose of C.M.P. No. 449/2008 expeditiously and at any rate within one week of receipt of a copy of this order unless the said application has already been disposed of in the mean while. V. RAMKUMAR, JUDGE. rv