IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3822 of 2008() ----------------------------------- KOTTAYI POLICE STATION, KOTTAYI. ------ PETITIONER: ------------------- VIJAYAN, S/O.KOCHAN, MULLANKADAN VEEDU, MATHUR P.O., KUZHALMANNAM, ALATHUR,PALAKKAD. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: --------------------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, KATTAI POLICE STATION, KATTAI. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3822 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 ORDER The petitioner's vehicle which is allegedly involved in an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act has been seized by the police on 5/8/08. It has not been released to the petitioner. The petitioner, without moving the learned Magistrate concerned or the District Collector, has now chosen to come to this Court directly with this petition claiming release of the vehicle to him. He prays that subject to any appropriate conditions, the vehicle may be directed to be released to him. 2. I am afraid, the prayer cannot be considered by this Court at the first instance. It is for the petitioner to move the appropriate authority first seeking release of the vehicle in his favour. If such authority passes an order refusing to release Crl.M.C. No. 3822 of 2008 -: 2 :- the vehicle to the petitioner, the petitioner's option to challenge the same shall certainly remain. But the course adopted by the petitioner of rushing to this Court without and before moving the courts/authorities concerned cannot be justified. 3. This Crl.M.C. is, in these circumstances, dismissed. Needless to say, the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to move appropriate forum to secure the release of the vehicle and if there be no proper disposal of such application, to come to this Court to assail such improper disposal. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3822 of 2008 -: 3 :-