IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.Rev.Pet.No. 287 of 2009() ----------------------------- CMP.6173/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... REVN. PETITIONER(S): PETITIONER ----------------------------------------- ASHARAF, S/O. KUNHIMOHAMMED, PAIKATTUCHALIL HOUSE, OORANGATTIRI, ERNAD TALUK, MALAPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENT ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 287 OF 2009 =========================== Dated this the 30th day of January,2009 ORDER Revision petitioner is challenging the order dismissing C.M.P.No.6173/2008 filed before Judicial First Class Magistrate V, Kozhikode under section 457 of Code of Criminal Procedure for interim custody of lorry bearing No.KL.7.M.3517 for the reason that revision petitioner is not the RC owner. Learned counsel appearing for revision petitioner submitted that though revision petitioner is not the RC owner he has purchased the vehicle as per an agreement and learned Magistrate should have granted opportunity to the revision petitioner to prove his ownership and the learned counsel sought an opportunity to prove his ownership of the vehicle before the Magistrate. Learned Public Prosecutor CRRP 287/2009 2 submitted that this vehicle was not involved in any illegal transportation of river sand earlier and with the necessary conditions the vehicle could be entrusted on interim custody if ownership is proved. 2. As learned Public Prosecutor on instruction submitted that the vehicle was not involved in any other illegal transportation of river sand, learned Magistrate can grant interim custody of the vehicle on conditions provided revision petitioner establishes his ownership. In such circumstance, revision is disposed granting permission to the revision petitioner to establish his right before the learned Magistrate. To enable the revision petitioner to prove the ownership over the vehicle, CMP6173/2008 is restored and remanded to the file of Judicial First Class Magistrate V, Kozhikode for fresh disposal in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- CRRP 287/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006